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Madras High CourtCRL OP/35009/2025dismissed

P.Sundarajan v. State Rep.By, The Inspector Of Police

2025-12-19Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA P.Sundarajan

...Petitioner

Vs.

1.

State rep. by, The Inspector of Police, Kiliyanoor Police Station, Villupuram District.

2.

Srinivash 3.

Muralisankar 4.

Ravichandran

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the learned Judicial Magistrate, Vanur to dispose of the case in CC.No.34 of 2024 expeditiously within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.P.Vigneshwaran 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 CC.No.34 of 2024 pending on the file of the learned Judicial Magistrate, Vanur, arising out of the FIR in Crime No.2514 of 2020 registered for the offences under Sections 294(b), 420, 465, 468, 471 and 506(I) 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 case is only of the year 2024 and the same is at summons stage and there are nine

(9) witnesses and that the case is now posted on 11.02.2026.

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. In view of the above, this Court finds that the present petition for expeditious disposal of the proceedings in CC.No.34 of 2024, which is of the year 2024 and which is pending at the summons stage cannot be entertained and as held by the Hon'ble Apex Court in the aforesaid decision, the issue of prioritising the disposal of cases should be left to the decision of the courts concerned where the cases are pending.

6. The petitioner's prayer for expeditious disposal of the case which is just one year old, deserves only outright rejection.

7. For the reasons aforesaid, this criminal original petition stands dismissed.

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

1. The Judicial Magistrate, Vanur.

2. The Inspector of Police, Kiliyanoor Police Station, Villupuram District.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 19.12.2025