V.K.Nishad Begum v. Jose P. John And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CRR/8/2022 V.K. Nishad Begum ... Petitioner Vs.
Jose P. John and another ... Respondents Mrs. Anjili Nag ... for the petitioner Mr. Deep Chaim Kabir Mr. Ajith Prasad ... for the OP No. 1 Mr. Sumit Karmakar ... for the OP No. 2 June 24, 2022 [GNC] Item No.6 The subject matter of challenge relate to the judgment and order dated 27th April, 2021 passed by the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Criminal Appeal No. 05 of 2019.
The grievance of the present petitioner being defactocomplainant is that the learned Sessions Judge remanded GR Case No. 1106 of 2013 to the learned Chief Judicial Magistrate, Port Blair with a direction to call for complaint dated 15th July, 2013 and the records of the proceeding together with the Report of the Internal Complaint Committee and to take all steps for admitting the same in evidence and to dispose of the case according to law.
The records of the case reflect that the appeal was preferred against the judgment and order dated 31st July, 2019 passed by the learned Chief Judicial Magistrate, Port Blair in GR Case No.1106 of 2013 ( Trial No.2564 of 2013) wherein the learned Chief Judicial Magistrate was pleased to hold the accused/respondent guilty of the offence under the provisions of Section 354-A(1)(ii) and (iv) of the Indian Penal Code and
sentenced him to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- in default, to suffer rigorous imprisonment for another one month.
The present criminal case is an independent case wherein investigation was conducted by the police authorities and witnesses relied upon by the prosecution were present in the Court alongwith the relevant documents which were collected during the course of the investigation.
It is a settled preposition of law that any proceedings before the department are in the nature of a civil proceeding and the departmental proceedings either in the form of Internal Complaint Committee are conducted with a different object which is completely distinguishable for an offence/offences tried under the Indian Penal Code adhering to the provisions of the Code of Criminal Procedure. None of the findings are binding upon each other. The criminal Court would independently come to its findings irrespective of the outcome/findings of the Internal Complaint Committee.
That being the basic concept of law, I am of the opinion that independent of the findings of the Internal Complaint Committee, the learned Sessions Judge should have heard out the appeal on merits.
Accordingly, the judgment and order dated 27th April, 2021 passed by the learned Sessions Judge, Andaman and Nicobar Islands thereby remanding GR Case No.1106 of 2013 (corresponding to TR No.2564 of 2013) is hereby set aside. The learned Sessions Judge would freshly hear out the appeal on the available materials which were placed by the prosecution and the defence/accused in course of the trial of
GR Case No.1106 of 2013 (corresponding to TR No.2564 of 2013).
It is nobody's case that additional materials, evidences are required and as such the appeal should be considered on the available materials.
Accordingly, CRR/8/2022 is allowed.
The learned Sessions Judge would hear out and conclude the hearing within a period of 60 days of the date of communication of this order.
Needless to state that this Court has not gone into the merits of the observations made by either the Trial Court or the evidence which is appearing on record and restricted its application of mind to the issue of remand of GR Case No.1106 of 2013 (corresponding to TR No.2564 of 2013). Accordingly, the Appellate Court will independently arrive at its own findings.
Pending application, if any, is consequently disposed of. Let the Trial Court records be placed before the learned Sessions Judge for hearing out the appeal as directed above. Parties are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court.
( Tirthankar Ghosh, J.)