Manivannan Vs The Court of Special Court under Tnpid Court Act

PRAYER : The criminal original petition filed under Section 528 of BNSS Act, 2023 to direct the 1^st respondent to take up C.C.No.6 of 2019 on the file of the Court of Special under the TNPID Court Act, Coimbatore, for trial proceedings and to dispose of the same expeditiously or pass such other orders as this Hon’ble Court.

¶13

For Petitioner(s): Mr.B.Karthikeyan For Respondent(s): Mr.R.Vinothraja Govt. Advocate (Crl.Side) for R2

¶14

https://www.mhc.tn.gov.in/judis

¶15

CRL OP No. 31899 of 2025

¶16

ORDER

¶17

This criminal original petition has been filed seeking early disposal of trial in C.C.No.6 of 2019 on the file of the Special Court under the TNPID Act, Coimbatore.

¶18

The learned counsel appearing for the petitioner submitted that the petitioner is a victim and he has been cited as LW 404. It is further submitted that the petitioner is a cancer patient and therefore, he needs money for meeting his medical expenses. Hence, the present petition has been filed seeking early disposal of the trial in C.C.No.6 of 2019.

¶19

The learned Govt. Advocate (Crl.Side) for the second respondent submitted that the case involves cheating of more than 2,000 persons and that there are totally 2,000 witnesses in this case. The petitioner was cited as LW404 and he has already been examined by the trial Court. However, about 1,500 witnesses are yet to be examined. Meanwhile, the bail granted to A3 was cancelled and he is absconding. The respondent police are taking steps to secure him.

¶20

https://www.mhc.tn.gov.in/judis

¶21

CRL OP No. 31899 of 2025

¶22

4 . It is pertinent to state that a Constitution Bench of the Supreme

¶23

Court, in the case of High Court Bar Association, Allahabad vs. State of Uttar

¶24

Pradesh reported i n (2024) 6 SCC 267 , has held that the constitutional courts, in

¶25

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:

¶26

"47.3. Constitutional courts, in the ordinary

¶27

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-

¶28

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."

¶29

(emphasis supplied by this Court).

¶30

It has also been held in the aforesaid extracted portion that in exceptional

¶31

circumstances, constitutional courts may issue directions for time bound disposal of cases.

¶32