Selvaraj .Gg v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Selvaraj .G.G.

5,Vaithiya Vasudeva Street, Vellore-632001, Tamil Nadu.

Petitioner(s) Vs State represented by Inspector of Police, Vellore North Station, Vellore.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 Cr.P.C. to issue suitable direction to the Trial Court to dispose of the case in S.C.No.83 of 2023 on the file of the Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Vellore, within a stipulated time.

For Petitioner ::

Mr..S.Kasirajan For Respondent ::

Mr.S. Santhosh, Govt. Advocate (Crl.Side) 1\5

ORDER

This criminal original petition is filed to issue suitable direction to the Trial Court to dispose of the case in S.C.No.83 of 2023 on the file of the Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Vellore, within a stipulated time.

2.

Learned counsel for the petitioner submitted that the case is of the year 2017; that the charge sheet has been belatedly filed by the respondent Police and the case has been now taken up for trial in S.C. No. 83 of 2023. He also submitted that there is constant threat to the petitioner from the accused. Therefore, he seeks a direction to the Trial Court to complete the trial within a specified period.

3.

Learned Government Advocate (Crl.Side) submitted that there are totally six accused in this case, having a number of previous cases against them; that the charges have been framed against the accused on 23.10.2025 and the case stands posted to 06.01.2026 for trial. He further submitted that there are 20 witnesses to be examined in this case. 4.

Heard both sides.

5.

Normally, a Constitutional Court cannot direct the Trial Court to complete the trial within a specified time and it is for the learned Trial Judge to take into consideration the ground situation. In this context, it is 2\5

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 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).

6.

However, 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.

Therefore, in the present case, taking into consideration that the accused have a number of previous cases against them and the petitioner is stated to be receiving threat from them, a direction is issued to the learned Trial 3\5

A.D.JAGADISH CHANDIRA J.

nv Judge to complete the trial in S.C. No. 83 of 2023 as expeditiously as possible, preferably, within a period of eight months from 06.01.2026. 8.

The criminal original petition is disposed of accordingly. 16-12-2025 nv To

1. The Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Vellore.

2.The Inspector of Police, Vellore north station, Vellore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P. No. 34395 of 2025 4\5

5\5