Srikanth v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Srikanth ... Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch, Theni District.

(Crime No.6 of 2023) ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the learned Judicial Magistrate, Theni to expedite the trial of case in C.C.No.421 of 2024 within the stipulated time as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/5

ORDER

The petitioner is the defacto complainant in Crime No.6 of 2023, registered for offences under Sections 417, 420, and 120B IPC, on the file of the second respondent Police. After investigation, the case has been charge sheeted and now pending in C.C.No.421 of 2024 before the learned Judicial Magistrate, Theni. He has filed this petition seeking a direction to the trial Court to conclude the trial within a stipulated time frame.

2.The grievance of the petitioner is that, although the case was registered in the year 2023 and the charge sheet was filed in the year 2024, there has been no proper progress in the trial. 3.The Constitution Bench of the Hon'ble Supreme Court in High Court Bar Association, Allahabad v. State of U.P. and Others [(2024) 2 SCR 946] has held that constitutional Courts should normally refrain from fixing a time-bound schedule for disposal of cases pending before any court, unless the circumstances so warrant. The relevant portion is extracted as under:- 2/5

"32.Therefore, constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out-of turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations." 4.Therefore, this Court is not inclined to entertain this petition. However, since the petitioner contended that there is no progress in the trial, the Judicial Magistrate, Theni shall complete the trail in C.C.No.421 of 2024, as expeditiously as possible. Accordingly, this criminal original petition is disposed of.

19.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The Judicial Magistrate, Theni.

2.The Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, District Crime Branch, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

B.PUGALENDHI,J gns 19.08.2025 5/5