Tripura High Court
Abjal Miah & Others vs The State Of Tripura on 13 November, 2024
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev. P. No.14 of 2024
Abjal Miah & others
.........Petitioner(s);
Versus
The State of Tripura
.........Respondent(s).
For Petitioner(s) : Ms. Ankita Pal, Advocate.
For Respondent(s) : Mr. Raju Datta, Public Prosecutor.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
13/11/2024
Perused the application containing the prayer for extension of time
for completion of trial in ST (T-1) 47 of 2022 submitted by the learned District
& Sessions Judge, Gomati Judicial District, Udaipur vide letter dated
03.10.2024 at Flag-A. Earlier this Court had vide order dated 06.05.2024
passed in Crl. Rev. P. No.14 of 2024 while partly allowing the revision petition
by deletion of the charges under Section 498A of the IPC and framing of fresh
charge against the petitioners under Section 325/307/34 of the IPC along with
Section 506 of the IPC against one of the petitioners had directed the learned
Trial Court to proceed for recording of the evidence of the prosecution
witnesses after framing the fresh charge against the petitioners and endeavour
to dispose of the case within a period of 4(four) months from the date of receipt
of copy of the order. Learned District & Sessions Judge has, in the application
for extension of time, chronicled the sequence of dates and events in course of
the trial which are extracted hereunder and prayed for suitable extension of
time:
5. It is also required to be brought to your kind notice that after receipt of the Judgment of
the Hon'ble High Court in Crl.Rev.P-14 of 2024, as aforesaid, all endeavours were made
to complete the trial within the time frame but the same was not possible for the following
reasons:-
i. Out of the first calendar fixed on 20-05-2024 for examination of 14 witnesses
in 07 dates, only 05 witnesses could be examined and other witnesses did not appear.
ii. Out of the second calendar fixed on 10-06-2024 for examination of 10
witnesses in 05 dates, only 01 witness could be examined because on 03 dates regular PO
was out of station for the training purpose.
iii. Out of the third calendar fixed on 07-07-2024 for examination of 08
witnesses in 04 dates, only 04 witnesses could be examined and other witnesses did not
appear.
iv. On 09-07-2024, prosecution filed a prayer under Section 216 of Cr.P.C for
addition of Section 498A of IPC and the defence sought adjournment on 12-07-2024 for
hearing on the said petition and on 22-07-2024 written objection was filed by the defence
and on the same day, the matter was heard.
v. On 29-07-2024, regular PO was on leave.
vi. On 07-08-2024, the Court of the Sessions Judge, Gomati allowed the
application filed under Section 216 of Cr.P.C. for addition of charge but as one of the
accused persons was absent so new charge could not be framed, read and explained over.
vii. On 13-08-2024 and 21-08-2024, as one of the accused persons were absent
so new charge could not be framed, read and explained over.
viii. On 23-08-2024, all accused persons remained absent so new charge could
not be framed, read and explained over.
ix. On 06-09-2024, the accused persons by filing a petition informed that they
preferred Crl. Rev.P-53 of 2024 before the Hon'ble High Court of Tripura against the
order dated 07-08-2024 by which application under Section 216 of Cr.P.C. was allowed.
x. After receipt of order dated 06-09-2024 of the Hon'ble High Court of Tripura
in Crl. Rev.P-53 of 2024, only two witnesses could be examined. .
xi. Now the case is pending for examination of IO and one witness
6. Thus because of aforesaid unavoidable circumstances, the trial could not be
completed within the period of four months as stipulated by the Hon'ble High Court of
Tripura in Crl.Rev.P-14 of 2024."
On perusal of the explanations urged, it appears that now the case
is pending for examination of the IO and one witness. As such, this Court
deems it proper to grant extension of time for completion of the trial in ST
(T-1) 47 of 2022 preferably within a period of 3(three) months from today.
(APARESH KUMAR SINGH), CJ
Pijush/
DIPESH DEB Date: 2024.11.14 16:05:19
