← Library
Madras High CourtCRL OP/35049/2025withdrawn dismissed

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

2026-01-02Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA AND CRL MP NO. 24611 OF 2025

1. Muthukumaran S/o Rajenthiran

2. Vanitha, W/o Muthukumaran ..Petitioner(s) Vs

1. The State Rep By, The Inspector of Police, Cuddalore OT Police Station, Cuddalore District.

2. Arulpandiyan S/o Velmurugan ..Respondent(s) PRAYER Criminal Original Petition filed under Sec.528 of B.N.S.S., 2023, to call for the records and quash the further proceedings in SC.No.191 of 2025 pending on the file of the Learned I Additional District and Sessions Judge, Cuddalore. For Petitioner(s):

Mr. P.Muthamizhselvakumar For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl. Side) for R1 __________Page 1 of 4

ORDER

This Criminal Original Petition has been filed seeking to quash the further proceedings in S.C. No.191 of 2025 on the file of I Additional District and Sessions Judge, Cuddalore.

2.

Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners sought permission of this Court to withdraw this Criminal Original Petition and he has also made endorsement to that effect. However, he submitted that a direction may be issued to the concerned trial judge to dispose of the case in S.C.No. 191 of 2025 within a time frame.

3. In view of the above submission and endorsement made by the learned counsel for petitioners, this Criminal Original Petition is dismissed as withdrawn.

4. Further, acceding to the request of the learned counsel for the petitioner, this Court directs the trial judge to take every endeavour to dispose of the case in S.C.No. 191 of 2025 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. While holding so, this Court is not oblivious of the judgment of 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, wherein, it was held that the constitutional courts, in the ordinary course, should refrain from fixing a __________Page 2 of 4

time-bound schedule for the disposal of cases pending before any other court and that time limit can be fixed for disposal of cases only in exceptional circumstances. 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 timebound 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) Consequently, connected Criminal Miscellaneous Petition is closed. 02-01-2026 Index: Yes/No Speaking/Non-speaking order RPP To

1. The I Additional District and Sessions Judge, Cuddalore.

2. The Inspector of Police, Cuddalore OT Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras. __________Page 3 of 4

A.D.JAGADISH CHANDIRA J.

RPP AND CRL MP NO. 24611 OF 2025 02-01-2026 __________Page 4 of 4