IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
G.SUMITHRA – Appellant
Versus
The state rep.by The Inspector of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2026 CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No . 3724 of 202 6 G.Sumithra ... Petitioner Vs.
The state rep.by, The Inspector of Police, Ennore Police Station, Ennore, Chennai-600 007.
Cr.no.29 of 2004. ... Respondent PRAYER: Criminal Original petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, to issue direction to the trial court to expeditiously dispose of the trial proceedings pending in SC.No.5238 of 2020 pending on the file of the IV Additional District and Sessions Judge, Ponneri and to dispose of the trial proceedings within a prescribed period.
For Petitioner : Mr.T.Mayakrishnan For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner/9th accused seeking expeditious disposal of S.C.No.5238 of 2020 pending on the file of the IV Additional District and Sessions Court, Ponneri, arising out of the FIR in Crime No.29 of 2004 registered for the offences under Sections 147, 148, 341, 302 IPC read with 120 B IPC, on the file of the 1st respondent, within a stipulated time.
2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are thirty two (32) witnesses in this case and that fourteen (14) witnesses have been examined. He further submitted that while some witnesses have been dispensed with, steps are being taken to ascertain the availability of the remaining witnesses to ensure the completion of the trial.
3. Heard learned counsel on either side and perused the materials available on record.
4. 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).
5. 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.
6. Considering the facts and circumstances of this case and also considering that the case which arises out of the FIR registered in the year 2004, is of the year 202 the case has been pending for the past six years, which, in the opinion of this Court, is an exceptional circumstance, this Court directs the learned IV Additional District and Sessions Judge, Ponneri, to dispose of the case in S.C.No.5238 of 2020, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
7. With the above direction, this Criminal Original Petition stands disposed of. 16.02.2026 Neutral Citation: Yes/No rpl To
1.The IV Additional District and Sessions Judge, Ponneri
2.The Inspector of Police, Ennore Police Station, Ennore, Chennai-600 007.
3.The Public Prosecutor, High Court of Madras, Chennai.
A.D.JAGADISH CHANDIRA , J .
rpl
16.02.2026
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.