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DINESH MAHESHWARI, VIKRAM NATH
M. Gopalakrishnan – Appellant
Versus
Pasumpon Muthuramalingam – Respondent
ORDER
1. In the impugned order dated 20th April, 2021 in Crl.O.P. (MD) No. 5650 of 2021, the Madurai Bench of High Court of Madras has issued directions that the Trial Court shall expedite the proceedings in S.C. No. 627 of 2017 and conclude the trial within six months.
2. Though the impugned order appears to be an innocuous one but, was passed at the instance of the complainant and without notice to the accused.
3. Now, the accused seeks to question the said order before us, inter alia, with the submissions that he was not made a party in the petition filed before the High Court by the complainant and was never heard by the High Court; and that various petitions filed against the order declining discharge, including Crl. R.C.(MD) No. 214 of 2021, are pending in the High Court.
4. Looking to the nature of the order passed by the High Court, we are not inclined to grant leave to appeal in this matter but feel impelled to observe that ordinarily, before passing any such order for expeditious proceedings in a particular case (which might appear to be rather of innocuous nature), it would be appropriate for the higher Court to appreciate that any such order for one case, without cogent and
Orders for expeditious proceedings should only be passed with cogent and extremely compelling reasons and after examining the matter from all angles. Pending matters should also be considered expedit....
Interlocutory orders are generally not interfered with by higher courts.
The importance of expeditious disposal of criminal trials and criticism of approaching higher courts instead of cooperating with Trial Courts.
Article 227 cannot be used to pressure trial courts for expedited proceedings, especially when they are already managing a heavy caseload.
Judicial restraint must be exercised by High Courts to avoid unjust criticism of subordinate judiciary.
Litigants are generally not permitted to seek adjournments before the trial court and then invoke the High Court's jurisdiction for expediting proceedings, but specific considerations may warrant exp....
The court emphasized the overburdened nature of trial courts post-pandemic and the misuse of Article 227 of the Constitution of India.
The High Court can direct the trial court to expedite proceedings under specific circumstances, but litigants must not abuse adjournment processes.
Courts must not prioritize individual cases without exceptional justification amidst pending cases, ensuring both efficiency and fairness in judicial proceedings.
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