Balaji v. The Si Of Tambaram Ps

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Balaji ..Petitioner(s) Vs The Sub Inspector of Police, St. Thomas Mount Police Station, Railway Station Road, Alandur, Chennai-600016.

..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the Trial Court for Speedy disposal of the case in C.C.No.269 of 2022 on the file of the learned Judicial Magistrate No.1, Tambaram to dispose the case within the stipulated time. For Petitioner :

Mr.V.Arunagiri For Respondent :

Mr.S.Santhosh, Government Advocate (Criminal Side)

ORDER

This criminal original petition has been filed by the petitioner/accused-1 seeking expeditious disposal of C.C.No.269 of 2022 pending on the file of the learned Judicial Magistrate No.1, Tambaram, arising out of the FIR in Crime No.153 of 2021 registered for the offences under Sections 294(b), 323, 506(1) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women

Act, 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 six

(6) witnesses in this case, P.W-1 and P.W-2 were examined and that the case is now posted on 19.01.2026 for examination of remaining witnesses.

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. At the same time, considering the facts and circumstances of this case and also considering that the case is of the year 2022 and the same has been pending for the past four years, this Court directs the learned Judicial Magistrate No.1, Tambaram, to dispose of the case in C.C.No.269 of 2022, as expeditiously as possible, preferably within a period of six months from 19.01.2026, i.e., the next date of hearing.

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

06-01-2026 Index: Yes/No Speaking/Non-speaking order SRM To 1.The Judicial Magistrate No.I, Tambaram.

2.The Sub Inspector of Police, St. Thomas Mount Police Station, Railway Station Road, Alandur, Chennai-600016. 3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

SRM 06-01-2026