S.Vijayaragavan v. The State of Tamil Nadu Rep.By, the Inspector of Police,

O RDER

This Criminal Original Petition has been filed by the petitioner seeking early disposal of C.C.No.265 of 2020 pending on the file of the learned Judicial Magistrate Court No.II, Erode.

¶2When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are twenty six (26) witnesses in this case and that the case is now posted on

09.03.2026 for commencement of trial.

¶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 facts and circumstances of this case and also considering that the case is of the year 2020 and the same has been pending for over five years, this Court directs the learned Judicial Magistrate No.II, Erode, to dispose of the case in C.C.No.265 of 2020, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

¶7With the above direction, this Criminal Original Petition stands disposed of.

19.02.2026 Index : Yes/No Speaking/Non Speaking order rpl To

1.The Judicial Magistrate No.II, Erode

2.The Inspector of Police, DCB Police Station, Erode. A.D.JAGADISH CHANDIRA . J, rpl

3.The Public Prosecutor, High Court of Madras, Chennai.

19.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2026 CORAM: THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Vijayaragavan ... Petitioner -Vs- The State of Tamil Nadu rep.by, The Inspector of Police, DCB Police Station, Erode. ... Respondent Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to direct the learned Judicial Magistrate No.II at Erode to dispose of the C.C.No.265 of 2020 at an early date as expeditiously. For Petitioner : Ms.R.Amrutha For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)