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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025

CORAM:

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

...Petitioner

Vs.

1.

The State rep. by, The Inspector of Police, AWPS Perambalur Police Station, Perambalur District.

(Crime No.21 of 2020) 2.

Punitha

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to issue direction to dispose of the CC.No.134 of 2022 pending on the file of the learned Judicial Magistrate (Additional Mahila Court-JM level) at Perambalur as expeditiously as possible within the period of stipulated time. For Petitioner : Mr.S.Kalaikumar For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed by the petitioner/A2 seeking expeditious disposal of CC.No.134 of 2022 pending on the file of the learned Judicial Magistrate (Additional Mahila Court - JM level), Perambalur, arising out of the FIR in Crime No.21 of 2020 registered for the offences under Sections 294(b), 323, 498(A) and 506(1) 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 the petitioner is arrayed as A2 and is the mother of A1 and that A1 is employed abroad and he is not appearing properly before the trial court and not cooperating in the trial proceedings. He further submitted that there are seven witnesses in this case and the case is now posted on 05.01.2026 for commencement of trial. He also submitted that till date, no warrant has been issued either against the petitioner/A2 or A1.

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 2022, this Court directs the learned Judicial Magistrate (Additional Mahila Court - JM level), Perambalur, to dispose of the case in CC.No.134 of 2022, as expeditiously as possible.

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

11.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1. The Judicial Magistrate (Additional Mahila Court - JM level), Perambalur.

2. The Inspector of Police, AWPS Perambalur Police Station, Perambalur District.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 11.12.2025