Meenakshi v. The Inspector of Police

ORDER This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of CC.No.133 of 2024 pending on the file of the Additional Mahila Court, Ariyalur, arising out of the FIR in Crime No.5 of 2023 registered for the offences under Sections 323, 342, 406, 294(b) and 506(II), Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of the Dowry Prohibition Act, 1961 on the file of the respondent police, within a stipulated time, on the ground that the petitioner/de facto complainant is facing serious threats from the accused persons.

¶2When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are two accused persons and nine (9) witnesses in this case and that the case is now pending at summons stage.

¶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 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.

¶6Considering the submission made by the learned counsel for the petitioner that the very life of the petitioner is at stake owing to serious threats by the accused, which, in the opinion of this Court, is an exceptional circumstance, this Court directs the Additional Mahila Court, Ariyalur, to dispose of the case in CC.No.133 of 2024, as expeditiously as possible, preferably within a period of four (4) months from the next date of hearing.

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

06.02.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

¶1The Additional Mahila Court, Ariyalur.

¶2The Inspector of Police, All Women Police Station, Ariyalur.

¶3The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J. skt

06.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2026 CORAM: THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Meenakshi ...Petitioner Vs. The Inspector of Police, All Women Police Station, Ariyalur. Crime No.5 of 2023. ...Respondent Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the Additional Mahila Court, Ariyalur to dispose of the trial in CC.No.133 of 2024 on the file of the Additional Mahila Court, Ariyalur within a time frame as stipulated by this Hon'ble Court. For Petitioner : Mr.S.Sairaman For Respondent : Mr.S.Santhosh, GA(Crl. Side)