N. Vasanthi v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/21/2024 N. Vasanthi Vs.

The State Mr. Vishal Kumar .... for the petitioner Ms. A.S.Zinu ... for the State February 29, 2024 [SR] Item No.4 This is an application seeking speedy disposal of G.R.Case No.1061/2014 presently pending before the learned Judicial Magistrate First Class (Additional), Port Blair. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is accused in this case and is a government servant. She was made an accused in an FIR under sections 3, 4, 5 of the Immoral Traffic (Prevention ) Act that was registered on 05.08.2014 and on the same day she was arrested and was granted bail by the police. Charge sheet dated 16.12.2014 was submitted after completion of purported investigation. However, one accused was shown as absconding. Yet, since then, the trial did not proceed because one of the accused remained absconding. In the interest of justice, the learned Trial Court may split up the trial/proceeding and conclude the proceeding against the present petitioner at the earliest.

Learned counsel appearing for the State submits that despite sincere efforts, the State could not secure the attendance of the absconding accused.

It appears that the petitioner is facing a criminal proceeding in which the FIR was lodged as far as back in 2014 and charge sheet was submitted in 2014 itself.

The State shall make efforts to secure attendant of the absconding accused. But, that should not detain the proceeding so far as it relates to the present petitioner.

In the interest of justice, the learned Trial Court is requested to consider splitting up of the proceeding so far as the present petitioner and the other available accused are concerned. After the same is done, the learned Trial Court shall proceed with the matter, in accordance with law and conclude the the same as expeditiously as possible.

With these observations, the criminal revisional application is disposed of.

Urgent Photostat certified copy of the judgment, if applied for, be supplied to the parties upon compliance of all legal formalities. ( Jay Sengupta, J. )