Silambarasan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025

CORAM:

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

...Petitioner

Vs.

State represented by The Inspector of Police, Vellore North Police Station, Vellore District.

(Crime No.235/2019)

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C./528 of BNSS, 2023 to direct the trial Court to dispose of the case in S.C.No.81 of 2023 on the file of the Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Vellore within a stipulated time that may be fixed by the Court.

For Petitioner : Mr.S.Kasirajan 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 S.C.No.81 of 2023 pending on the file of the learned Sessions Judge, Magalir Neethimandram, 1/6

Fast Track Mahila Court, Vellore, arising out of the FIR in Crime No.235 of 2019 registered for the offences under Sections 148, 341, 294(b), 324, 307 and 506(2) of IPC, 1860 and Sections 3(1) and 4 of the TN Public Property (Prevention of Damage & Loss) Act, 1992 on the file of the lst respondentPolice, within a stipulated time.

2. When the matter was taken up for hearing, the learned counsel for the petitioner submits that the petitioner was brutally assaulted by the accused, who are habitual offenders. He further submits that the respondent Police filed a final report on 25.07.2020 and that the case was committed to the Court of Session in the year 2023. Thereafter, after considerable delay, charges came to be framed only on 16.10.2025. The case is now posted on 18.12.2025 for examination of witnesses. The learned counsel further submits that the accused are threatening the witnesses and are attempting to tamper with the evidence. Hence, the present petition has been filed seeking the aforesaid relief.

3. The learned Government Advocate (Crl.Side) appearing on behalf of the respondent Police, submits that all the accused persons are 2/6

having several previous cases to their credit. He further submits that there are in total, 26 witnesses and the case stands posted on 18.12.2025 (today) for examination of witnesses.

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

5. 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." 3/6

(emphasis supplied by this Court).

6. 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.

7. Considering the facts and circumstances of this case and also considering that the case is of the year 2019, this Court directs the learned learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Vellore, to complete the trial in S.C.No.81 of 2023, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order.

8. 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, Vellore North Police Station, Vellore District.

2.

The Public Prosecutor, Madras High Court.

3.

The Sessions Judge, Magalir Neethimandram, Fast Mahila Court, Vellore 5/6

A.D.JAGADISH CHANDIRA, J.

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