Constitutional courts should not issue orders for time-bound disposal of cases pending in lower courts except in exceptional, extraordinary circumstances, leaving case scheduling priorities to the discretion of the concerned trial judges.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

1. The accused in C.C.No.273/2023 on the files of the Chief Judicial Magistrate Court, Thrissur, has filed this original petition under Article 227 of the Constitution of India, for a direction to the learned Magistrate to dispose of the aforesaid case within a prescribed time frame.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. In the decision Allahabad High Court Bar Association v. State of U.P. [2024 (6) SCC 267], the Hon’ble Supreme Court has cautioned the constitutional courts from passing orders for time bound disposal of the cases pending before the courts below unless there are compelling reasons for the same. The relevant paragraphs of the aforesaid decision of the Hon’ble Supreme Court are extracted hereunder:

“32. Therefore, constitutional Courts should not normally fix a time - bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out - of - turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.

33. There is another important reason for adopting the said approach. Not every litigant can easily afford to file proceedings in the constitutional Courts. Those litigants who can afford to approach the constitutional Courts cannot be allowed to take undue advantage by getting an order directing out - of - turn disposal of their cases while all other litigants patiently wait in the queue for their turn to come. The Courts, superior in the judicial hierarchy, cannot interfere with the day - to - day functioning of the other Courts by directing that only certain cases should be decided out of turn within a time frame. In a sense, no Court of law is inferior to the other. This Court is not superior to the High Courts in the judicial hierarchy. Therefore, the Judges of the High Courts should be allowed to set their priorities on a rational basis. Thus, as far as setting the outer limit is concerned, it should be best left to the concerned Courts unless there are very extraordinary circumstances.” .

5. In the light of the law laid down by the Hon’ble Supreme Court in the aforesaid decision, it is not possible for this Court to issue a direction to the Chief Judicial Magistrate Court, Thrissur, to dispose of the aforesaid original petition, within a prescribed time frame.

6. The learned counsel for the petitioner submitted that the pendency of the aforesaid case before the court below is affecting the employment prospects of the petitioner, and hence it is highly necessary that the matter require to be disposed of at the earliest. Having regard to the submission of the learned counsel for the petitioner, I deem it appropriate to dispose of this original petition with the direction to the court below to expedite the proceedings in C.C.No.273/2023 and to dispose of the same as early as possible.

The original petition is disposed of as above.