IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.01.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA V.Saravanan ... Petitioner Vs.

1.State by, The Inspector of Police, K-1, Sembium Police station, Chennai.

Cr.No.570 of 2022.

2Madhavan @ Madu

3.Karthick @ Peeska Karthick

4.Senthilkumar

5.Mohan @ Kattan Mohan

6.Saravanan

7.Sathyanarayanan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the trial Court to expedite the case in S.C.No.419 of 2022 on the file of the learned II Additional Sessions Judge, Chennai and complete the same within the time frame.

For Petitioner : Mr.R.Krishnakumar For R1 : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking expeditious disposal of the case in S.C.No.419 of 2022 on the file of the learned II Additional Sessions Judge, Chennai.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the brother of the deceased, who was murdered on 14.09.2022 and that a case was registered in Crime No.570 of 2022 by the 1^st respondent police against the 2^nd respondent for offence under Section 302 IPC. On completion of the investigation, the 1^st respondent police filed the final report against the respondents 2 to 7 for offences under Sections 120(B), 342, 147, 148, 364, 302 read with 149 IPC and the case was taken cognizance and committed for trial as S.C.No.419 of 2022, on the file of the learned II Additional Sessions Judge, Chennai. He further submitted that despite lapse of three years, no effective steps have been taken to complete the trial. He also submitted that the petitioner’s mother, aged 75 years old, is one of the witnesses in the case and hence, the present petition has been filed seeking to expedite the trial.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1^st respondent submitted that the petitioner is LW.1 in the case and is not co-operating with the trial. He further submitted that the summons has been taken out and served on the petitioner on 09.01.2026 and that the case now stands posted for commencement of trial on 21.01.2026.

4. Heard learned counsel on either side and perused the materials available on record.

5. It 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).

6. It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional Courts may issue directions for time bound disposal of cases.

7. Considering the facts and circumstances of this case and also considering that the case is of the year 2022 and the same has been pending for the past three years, this Court directs the learned II Additional Sessions Judge, Chennai, to dispose of the case in S.C.No.419 of 2022, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

8. With the above direction, this criminal original petition stands disposed of. 19.01.2026 Neutral Citation: Yes/No rpl To

1.The II Additional Sessions Judge, Chennai

2. The Inspector of Police, K-1, Sem