Sivagokul v. The Inspector of Police

ORDER This Criminal Original Petition has been filed by the petitioner to issue appropriate directions to the learned Judicial Magistrate, Dharapuram, to expedite and dispose of the case in C.C.No.182 of 2023 within a time frame as may be fixed by this Court.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Sid) appearing for the first respondent police and perused the materials available on record.

¶3Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

¶4The Hon'ble Supreme Court has already given a directions to the High Courts not to give directions to the trial Court fixing time limit for disposal of cases in a routine manner and pressurise the trial Court to give priority to a particular case.

¶5The Hon'ble Supreme Court in the case of Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra in Criminal Appeal No.4758 of 2024 dated 25.11.2024 has observed that the High Courts are fixing a time-bound schedule for conclusion of the trials in a routine manner despite the decisions of the 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, 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."

¶6In view of the above, this Court is not inclined to fix any time frame to the trial Court to dispose of the C.C. as sought for by the petitioner.

¶7However, the Magistrate is directed to expedite the trial and dispose of the case as early as possible.

¶8With the above directions, this Criminal Original Petition is dismissed.

23.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

¶1The Judicial Magistrate, Dharapuram

¶2The Inspector of Police Moolanur Police Station Tiruppur District

¶3The Public Prosecutor High Court of Madras, Chennai P.VELMURUGAN,J. Ksa-2

23.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.06.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Sivagokul ... Petitioner Vs. 1. The State of Tamil Nadu Rep. by The Inspector of Police Moolanur Police Station Tiruppur District 2. Nalraguprakash ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to issue appropriate directions to the learned Judicial Magistrate, Dharapuram, to expedite and dispose of the case in C.C.No.182 of 2023 within a time frame as may be fixed by this Court. For Petitioner : Mr.K.V.Muthu Visakan For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)