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Madras High CourtCRL OP/34517/2025disposed of

D.Murali v. The Inspector Of Police

2025-12-18Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025

CORAM:

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

...Petitioner

Vs.

The Inspector of Police, Central Crime Branch - II, Vepery, Chennai - 600 007.

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C./528 of BNSS, 2023 to issue a direction to the learned Judicial Magistrate No.1 Tambaram, Chengalpattu District, to dispose of C.C.No.100 of 2020 as expeditiously disposal, preferably within a time frame or any other period stipulated by this Court.

For Petitioner : Mr.P.Nanda Kumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed by the petitioner/defacto complainant seeking expeditious disposal of C.C.No.100 of 2020 pending on the file of the learned Judicial Magistrate No.1 Tambaram, 1/6

Chengalpattu District, arising out of the FIR in Crime No.157 of 2012 registered for the offences under Sections 406, 419, 420, 465, 468 and 471 of IPC, 1860 r/w. 34 of IPC, 1860, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent-Police submitted that the case pertains to the year 2012 and was registered in Crime No.157 of 2012. Upon completion of the investigation, a final report was filed before the Judicial Magistrate Court, Alandur, and the same was taken on file as C.C.No.720 of 2016. Subsequently, pursuant to bifurcation of jurisdiction, the case was transferred on 20.12.2019 to the file of the learned Judicial Magistrate, Tambaram, and re-numbered as C.C.No.100 of 2020. It was further submitted that the proceedings remained pending from 2020 to 2024 on account of stay obtained by one of the accused in a quash petition, though the said quash petition itself had been dismissed in the year 2021. In the interregnum, Accused No.2 passed away. As on date, the case stands posted on 28.01.2026 for examination of witnesses.

3. Heard learned counsel on either side and perused the materials 2/6

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.

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6. Considering the facts and circumstances of this case and also considering that the case is of the year 2012, this Court directs the learned Judicial Magistrate No.1 Tambaram, Chengalpattu District, to complete the trial in C.C.No.100 of 2020, as expeditiously as possible, preferably within a period of six (6) months from 28.01.2026.

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

18.12.2025 rap NCC : Yes/No 4/6

To:

1.

The Inspector of Police, Central Crime Branch - II, Vepery, Chennai - 600 007.

2.

The Public Prosecutor, Madras High Court.

3.

The Judicial Magistrate No.1 Tambaram, Chengalpattu District.

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A.D.JAGADISH CHANDIRA, J.

rap 18.12.2025 6/6