Constitutional courts generally refrain from imposing time-bound schedules for lower court proceedings unless exceptional circumstances are present.

ORDER :

1. By way of filing of this petition, the petitioner is seeking directions to the Chief Judicial Magistrate, Sawai Madhopur to decide the criminal complaint expeditiously within a period of two months.

2. Counsel for the petitioner submits that a complaint filed by the petitioner is pending before the Court of Chief Judicial Magistrate, wherein the evidence of the complainant was completed on 03.05.2024 and thereafter, the case was ordered to be listed for leading defence evidence by the accused-respondent. Counsel submits that thereafter several dates have been taken by the accused for producing the defence evidence, but till date, no evidence has been produced. Counsel submits that the accused wants to the delay the disposal of the complaint submitted by the petitioner, hence, appropriate directions be issued.

3. Heard and considered the submissions made at Bar and perused the material available on the record.

4. It is true that after completion of evidence of the complainant, the case is posted for recording the defence evidence of the accused, but the question remains for consideration of this Court is that whether any time bound schedule can be fixed by this Court in exercise of its powers contained under Section 528 of BNSS or not?

5. Recently, the Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharastra while deciding Criminal Appeal No. 4758/2024 has taken note of the directions issued by the Hon'ble Apex Court in the case of High Court Bar Association, Allahabad vs. State of U.P. 2024 (6) SCC 303 , wherein it has been held that Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of the 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 wherein the cases are pending.

6. Here in the instant case, no exceptional circumstances are there for issuing any direction for time-bound schedule of the complaint pending before the Trial Court. However, it is expected from the Trial Court to expedite the proceedings of the criminal complaint pending before it.

7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Pending applications, if any, also stand disposed of.