Bhavani v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Bhavani

...Petitioner

Vs.

1.

State rep. by, The Inspector of Police, All Women Police Station, Kancheepuram.

2.

Balachander

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the Principal District and Sessions Court, Kancheepuram to dispose of the S.C.No.48 of 2019 as expeditiously as possible with the time stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Vijayaraghavan For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of S.C.No.48 of 2019 pending on the file of the Principal District and Sessions Court, Kancheepuram, arising out of the FIR in Crime No.4 of 2018 registered for the offences under Sections 294(b), 323, 417, 506(2) and 376(2)(b) of IPC on the file of the 1st respondent, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent submitted that there are fourteen (14) witnesses and a sole accused in this case and that the case is now posted on 20.01.2026 for examination of L.W.14 (IO).

3. Heard learned counsel on either side and perused the materials available on record.

4. It is pertinent to state that a Constitution Bench of the Supreme Court, in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267, has held that the constitutional

courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the said decision for the sake of ready reference is reproduced below:

"47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending." (emphasis supplied by this Court).

5. It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

6. Considering the facts and circumstances of this case and also considering that the case is of the year 2019 and the same has been pending for the past six years, this Court directs the Principal District and Sessions

Court, Kancheepuram, to dispose of the case in S.C.No.48 of 2019, as expeditiously as possible, preferably within a period of four (4) months from 20.01.2026, i.e., the next date of hearing.

7. With the above direction, this criminal original petition stands disposed of.

19.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1. The Principal District and Sessions Court, Kancheepuram.

2. The Inspector of Police, All Women Police Station, Kancheepuram.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 19.12.2025