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Madras High CourtCRL OP/682/2026withdrawn dismissed

Kamalrajan v. State Rep. By The Inspector Of Police

2026-01-19Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM:

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

...Petitioner

Vs.

1.

State rep. by, The Inspector of Police, H-1 Washermenpet Police Station, Chennai.

In Crime No.339 of 2018.

2.

Devendiran

...Respondents

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to the S.C.No.69 of 2023 on the file of the learned I Additional District and Sessions Judge, City Civil Court, Chennai and quash the same. For Petitioner : Ms.S.Viji For Respondents : Mr.S.Santhosh, GA (Crl. Side), for R1 1/4

O R D E R

When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent submitted that though the petitioner has come up with the present criminal original petition seeking to quash the proceedings in S.C.No.69 of 2023 pending on the file of the learned I Additional District and Sessions Judge, City Civil Court, Chennai, the trial in this case has already commenced and out of seventeen (17) witnesses, two witnesses have also been examined and the case is now posted on 27.01.2026.

2. At this juncture, the learned counsel for the petitioner sought permission of this Court to withdraw this criminal original petition, besides requesting a direction to the trial court to complete the trial proceedings as expeditiously as possible, as the case is of the year 2023. An endorsement as regards withdrawal was also made by the learned counsel for the petitioner in this petition today.

3. In view of the above, since the trial has already begun, this Court holds that the petitioner has to perforce face the same and the same cannot be quashed. However, considering the limited request now made by 2/4

the learned counsel for the petitioner and also considering the fact that the case is of the year 2023, the learned I Additional District and Sessions Judge, City Civil Court, Chennai shall dispose of the proceedings in S.C.No.69 of 2023 as expeditiously as possible, preferably within a period of six (6) months from the next date of hearing i.e., 27.01.2026.

4. While holding so, this Court is not oblivious of the judgment of the Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267, the relevant portion of which reads as under:

"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. This criminal original petition stands dismissed as withdrawn accordingly.

19.01.2026 skt : Yes/No 3/4

A.D.JAGADISH CHANDIRA , J.

skt To:

1.

The I Additional District and Sessions Judge, City Civil Court, Chennai.

2.

The Inspector of Police, H-1 Washermenpet Police Station, Chennai.

3.

The Public Prosecutor, High Court of Madras.

19.01.2026 4/4