P.Peter Arivarasan v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA P.Peter Arivarasan ..Petitioner Vs The State represented by The Inspector of Police CCB, EDF-II, Vepery, Chennai-600007.

Crime No.376 of 2018.

..Respondent PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the Lower Court to expedite the trial pending in C.C.No.4719 of 2020 on the file of the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai -08 within a stipulated time period.

For Petitioner :

Mr.P.Ravi Kumar For Respondent :

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of C.C.No.4719 of 2020 pending on the file of the learned Metropolitan Magistrate for Exclusive Trial of CCB

Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai -08, arising out of the FIR in Crime No.376 of 2018 registered for the offences under Sections 402 and 506 (i) 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 (Criminal Side) appearing for the respondent Police submitted that there are thirteen (13) witnesses in this case and that the case is now posted on 06.04.2026 for appearance of the sole accused.

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. 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.

6. Considering the facts and circumstances of this case and also considering that the case is of the year 2020 arising from the FIR which was registered in 2018 and the same has been pending for the past six years, this Court directs the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai to dispose of the case in C.C.No.4719 of 2020, as expeditiously as possible, preferably within a period of six months from 06.04.2026, i.e., the next date of hearing.

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

08-01-2026 MRN

To 1.The Inspector of Police CCB, EDF-II, Vepery, Chennai-600007.

Crime No.376 of 2018.

2. The Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai -08.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 08-01-2026