Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 69807 (MAD)

KARNAN v. The Inspector of Police

CRL OP/3342/2026 · 2026-02-12

A D Jagadish Chandira

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.3342 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2026 CORAM: THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.3342 of 2026 and Crl.MP.Nos.2344 & 2345 of 2026 Karnan ...Petitioner Vs. 1. State rep. by its, Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District. 2. N.S.Ramachandran ...Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for records relating to C.C.No.78 of 2022 on the file of the Chief Judicial Magistrate Court, Tiruvarur and quash the same. For Petitioner : Mr.P.Satheesh For R1 : Mr.S.Santhosh, Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3342 of 2026 ORDER This criminal original petition has been filed to call for records relating to C.C.No.78 of 2022 on the file of the Chief Judicial Magistrate Court, Tiruvarur and to quash the same. 2. Based on the complaint given by the de facto complainant/R2, a case in Crime No.275 of 2021 was registered on the file of the 1st respondent/ Police against the petitioner and on completion of investigation, a final report was filed before the Chief Judicial Magistrate Court, Tiruvarur, for the offences under Sections 294(b), 353 and 506(I) of Indian Penal Code and the same was taken on file in C.C.No.78 of 2022. 3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent would submit that trial has commenced and charges have been framed against the petitioner. 4. At this juncture, learned counsel appearing for the petitioner prayed that a direction may be issued to the learned trial Judge, to complete the case within a specified period. 2/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3342 of 2026 5. Heard learned counsel on either side and perused the materials available on record. 6. 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). 7. It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for 3/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3342 of 2026 time bound disposal of cases. 8. Considering the facts and circumstances of this case and also considering that the FIR is of the year 2021 and the case has been pending for the past four years, and also charges have been framed against the petitioner, which, in the opinion of this Court is an exceptional circumstance, this Court directs the learned Judicial Magistrate, Thiruvarur, to dispose of the case in C.C.No.78 of 2022, as expeditiously as possible, preferably within a period of four months, from the date of receipt of a copy of this order. 9. This Criminal Original Petition stands dismissed with the aforesaid direction. Consequently, connected miscellaneous petitions are closed. 12.02.2026 dsn Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3342 of 2026 To: 1. The Chief Judicial Magistrate Court, Tiruvarur. 2. The Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District. 3. The Public Prosecutor, Madras High Court. 5/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3342 of 2026 A.D.JAGADISH CHANDIRA, J. dsn Crl.OP.No.3342 of 2026 and Crl.MP.No.2344 & 2345 of 2026 12.02.2026 6/6 https://www.mhc.tn.gov.in/judis