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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

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

...Petitioner

Vs.

The State rep. by, The Inspector of Police, CCB Police Station, Tiruppur City, Tiruppur District.

Crime No.7 of 2022.

...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023 to issue direction to dispose of CC.No.709 of 2022 on the file of Judicial Magistrate No.1 Court, Tiruppur within a time frame. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.S.Santhosh, GA(Crl. Side)

ORDER

This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of CC.No.709 of 2022 pending on the file of the Judicial Magistrate No.1 Court, Tiruppur, arising out of the

FIR in Crime No.7 of 2022 registered for the offences under Sections 120B, 420, 406, 109, 421 & 424 of IPC on the file of the respondent, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are four (4) accused persons and eight (8) witnesses in this case and the discharge petition filed by the accused in CMP.No.882 of 2023 is pending.

3. At this juncture, the learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the Judicial Magistrate No.1 Court, Tiruppur to dispose of the discharge petition filed by the accused in CMP.No.882 of 2023 in CC.No.709 of 2022 at the earliest.

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." (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. However, considering the limited request now made by the learned counsel for the petitioner, this Court directs the Judicial Magistrate No.1

Court, Tiruppur to dispose of the discharge petition filed by the accused in CMP.No.882 of 2023 in CC.No.709 of 2022, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.

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

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

1. The Judicial Magistrate No.1 Court, Tiruppur.

2. The Inspector of Police, CCB Police Station, Tiruppur City, Tiruppur District.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 19.12.2025