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2026 DAILYLAW 71926 (MAD)

S.M.Arun Kumaar v. The State rep.by its Inspector of Police

CRL OP/4182/2026 · 2026-02-19

A D Jagadish Chandira

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.4182 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2026 CORAM: THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4182 of 2026 S.M.Arun Kumaar ... Petitioner -Vs- 1.The State rep.by its Inspector of Police, Central Crime Branch, Wing 7, Chit Fund Division, Vepery, Chennai-600 007. 2.S.K.Kannan 3.Gowri 4.S.Nagaraj 5.Satish ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to direct the learned Chief Metropolitan Magistrate (CMM)/CCB Court Egmore- Chennai, to dispose of C.C.No.13418 of 2022 expeditiously as possible within a stipulated time frame For Petitioner : Ms.Aishwarya G.Prakash for M/s.A.S.Kailasam and Associates For R1 : Mr.S.Santhosh Government Advocate (Crl.Side) p. 1 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4182 of 2026 O RDER This Criminal Original Petition has been filed seeking early disposal of C.C.No.13418 of 2022 pending on the file of the learned Chief Metropolitan Magistrate (CMM)/CCB Court, Egmore, Chennai. 2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent submitted that this is a case involving chit fund fraud, wherein a total of one hundred and eighteen (118) witnesses are to be examined. He further submitted that out of the total 118 witnesses, two witnesses have already been examined, and the matter has been posted to 01.04.2026 for the further examination of witnesses. 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 p. 2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4182 of 2026 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 there are several victims, most of whom are senior citizens, which in the opinion of this Court is an exceptional circumstance, this Court directs the learned Chief Metropolitan Magistrate (CMM)/CCB Court Egmore, Chennai, to dispose of the case in C.C.No.13418 of 2022, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order. Page 3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4182 of 2026 7. With the above direction, this Criminal Original Petition stands disposed of. 19.02.2026 Index : Yes/No Neutral Citation: Yes/No Speaking/Non Speaking order rpl To 1.The Chief Metropolitan Magistrate (CMM)/CCB Court, Egmore, Chennai 2.The Inspector of Police, Central Crime Branch, Wing 7, Chit Fund Division, Vepery, Chennai-600 007. 3.The Public Prosecutor, High Court of Madras, Chennai. p. 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4182 of 2026 A.D.JAGADISH CHANDIRA . J, rpl Crl.O.P.No.4182 of 2026 19.02.2026 p. 5 https://www.mhc.tn.gov.in/judis