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2025 Supreme(Online)(Mad) 54434

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice P.Velmurugan, J
A.Paulraj – Appellant
Versus
State by, The Inspector of Police, K-4, Anna Nagar Police Station, Chennai District. – Respondent
Crl.O.P.Nos.16882 of 2025 | Crl.O.P.Nos.21404 of 2025 | Crl.O.P.Nos.18139 of 2025 | Crl.O.P.Nos.20852 of 2025



Advocates:
For the Appellants/Petitioners: Mr.G.Balamanikandan, Mr.Ravindra Ram, Mr.J.N.Naresh Kumar, Mr.K.R.Samratt
For the Respondents: Dr.C.E.Pratap, Mr.S.Vinoth Kumar

Judicial efficiency requires strict adherence to statutory timelines for filing and executing legal processes to prevent systemic delays in justice delivery.

Headnote:(A) Section 528 of the BNSS - Criminal procedure - Non-compliance with statutory mandates - Inordinate delays by magistrates in taking on record charge sheets filed by police assessed, reflecting systemic inefficiency leading to hardships for complainants - Judicial discipline emphasized for efficient case handling. (Paras 1-16)

(B) Non-bailable warrants - Failure to execute warrants leading to similar systemic failures highlighted - Importance of timely execution of warrants and ensuring accountability underscored to uphold justice system. (Paras 11.1 and 11.2)

Facts of the case:
The petitioners filed Criminal Original Petitions seeking specific directions to magistrates for timely action on charge sheets filed by police and the execution of non-bailable warrants that have remained pending, causing undue hardship and reflecting procedural stagnation. (Paras 2-3)

Findings of Court:
Court directs immediate action on outstanding charge sheets and non-bailable warrants to ensure compliance with statutory timelines and enhance accountability among police and judicial officers. Importantly, procedural reforms and a nodal officer are mandated for consistent follow-through of judicial orders. (Paras 10-12)

Issues: The Supreme Court's binding precedents regarding judicial timelines and the execution of orders are examined, focusing on the responsibility of the judiciary to ensure timely administration of justice. (Paras 1-16)

Ratio Decidendi: The Court emphasized that systemic delays in judicial proceedings undermine public confidence in the legal system, mandating that both magistrates and police must exhibit diligence in executing orders and handling cases expeditiously to serve justice effectively. (Paras 10-12)

Result: Petitions disposed of with directives to ensure relevant actions are taken timely.

COMMON ORDER

This Court, with deep regret, is constrained to state that when police and judicial authorities act arbitrarily and fail to adhere to the rule of law, including binding precedents of the Hon’ble Supreme Court and the circulars issued by this Court, such conduct is not merely unlawful but reflects a serious erosion of institutional discipline and respect for judicial norms. It not only undermines public confidence in the justice delivery system but also sends a dangerous signal to the accused, enabling them to evade due process, while causing serious hardship to the complainant.

2. In this backdrop, considering the serious lapses noted, and since the issues raised in these matters involve similar shortcomings requiring common consideration, all the petitions are taken up together and are being disposed of by this common order, by outlining the relevant circumstances and procedural failures in each of the following cases.

(i) Crl.O.P.Nos.16882 and 21404 of 2025 – These petitions have been filed seeking (i) a direction to the learned V Metropolitan Magistrate, Egmore, Chennai, to take on file the charge sheet filed by the respondent police on 10.02.2024 through the e-filing portal; and (ii) a direction to the learned Judicial Magistrate No.I, Tambaram, to take on file the final report filed by the respondent police on 11.05.2024. Although a considerable period has elapsed since the filing of the said charge sheets, they have not yet been taken on file by the respective Magistrates.

(ii) Crl.O.P.Nos.18139 and 20852 of 2025 – These petitions seek a direction for the execution of the Non-Bailable Warrants issued by the learned Magistrate, which have remained unexecuted for a considerable period despite repeated opportunities.

3. A brief narration of the facts in each of the Criminal Original Petitions is set out below:

3.1. The petitioner in Crl.O.P.No.16882 of 2025 is the State President of Tamil Nadu HIV Ullor Koottamaippu, an association engaged in implementing welfare schemes for HIV-affected persons across Tamil Nadu. Based on a complaint lodged by the petitioner alleging cheating to the tune of Rs.14,00,000/- by certain individuals under the guise of arranging project funds, an FIR in Crime No.359 of 2022 was registered by the respondent police for the offence under Section 420 IPC. Subsequently, this Court, by order dated 10.08.2023 in Crl.O.P.No.17877 of 2023, directed the respondent police to file a final report or closure report within three months. Thereafter, on 23.02.2024, in Contempt Petition No.445 of 2024, it was submitted before this Court that the final report had been filed before the learned V Metropolitan Magistrate, Egmore, on 10.02.2024 via E-Filing No.C202400037. Recording the same, this Court directed the Magistrate to act upon the report within four weeks. The grievance of the petitioner is that even after the expiry of several months, the learned Magistrate has not taken any steps to act upon the final report as directed. The petitioner also refers to Rule 25(6) of the Criminal Rules of Practice, 2019, which mandates that the final report shall not be returned even if defective, and that in the absence of any defect, it shall be taken on file within three days from the date of receipt. Hence, the present petition is filed, seeking appropriate direction to the learned V Metropolitan Magistrate, Egmore, to take on file the final report dated 10.02.2024, filed in E-Filing No.C202400037, within a time frame as may be fixed by this Court.

3.2. The petitioner has filed the petition in Crl.O.P.No.21404 of 2025 stating that he, along with 91 others, was allegedly cheated by one Mr.Manalan, Proprietor of Renils Estate, who is accused of having collected a total sum of Rs.2,10,00,000/- from the victims under the pretext of selling DTCP-approved plots in Survey No.158, Koodalur Village, Chengalpattu. Despite receiving the amount, the accused failed to purchase the promised land and instead diverted the funds

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