Senthil Kumar v. State Rep by Inspector of Police

ORDER This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of C.C.No.1355 of 2025 pending on the file of the learned Judicial Magistrate No.1 Tirupur, Tirupur District, arising out of the FIR in Crime No.5 of 2024 registered for the offences under Sections Page2 of 5 406, 420 and 506(i) of IPC on the file of the respondent Police, within a stipulated time.

¶2When 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

12.03.2026 for examination of witnesses.

¶3Heard learned counsel on either side and perused the materials available on record.

¶4It 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 Page3 of 5 should be best left to the decision of the courts concerned where the cases are pending." (emphasis supplied by this Court).

¶5It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

¶6At the same time, considering the facts and circumstances of this case and also considering that the accused have alleged swindled a whopping sum of over Rs.2.50 crores of the petitioner, this Court directs the learned Judicial Magistrate No.1 Tirupur, Tirupur District, to dispose of the case in C.C.No.1355 of 2025, as expeditiously as possible, preferably within a period of one year from 12.03.2026, i.e., the next date of hearing.

¶7With the above direction, this criminal original petition stands disposed of. 22-01-2026 MRN Page4 of 5 To

¶1The Judicial Magistrate No.1, Tirupur, Tirupur District.

2.The Inspector of Police Central Crime Branch (CCB) Police Station, Tiruppur District. Crime No.5 of 2024

3.The Public Prosecutor, High Court of Madras. Page5 of 5

A.D.JAGADISH CHANDIRA, J. MRN 22-01-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Senthil Kumar ..Petitioner Vs The Inspector of Police Central Crime Branch (CCB) Police Station, Tiruppur District. Crime No.5 of 2024 ..Respondent(s) 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.1355 of 2025 on the file of the learned Judicial Magistrate No.1 Tirupur, Tirupur District, within a stipulated time. For Petitioner : Mr.S.Selvam For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)