The State v. Subhankar Bhakta

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ** CRMSPL/2/2021 CRA /19/2021 The State ... Petitioner Vs.

Subhankar Bhakta and others ... Respondents A.S. Zinu, Advocate ... for the petitioner March 16, 2022 [SR] Item No.12 & 13 Ms.

A.S.Zinu appears for the state-appellant.

CRMSPL/2/2021 is taken up for hearing. By filing CRA/19/2021 the State has challenged the order of acquittal passed by Learned Court of Special Judge, POCSO Court, North and Middle Andaman, Mayabunder in Special Case No. 39 of 2019 Special Trial No. 03 of 2019 dated 8th January, 2021 on 14th December, 2021 beyond a period of limitation.

Learned counsel appearing for the State submits that she could not file the appeal in time due to pandemic situation. In view of order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (C) 3 of 2020 (In Re: Cognizance of extension of limitation) the delay is condone. Leave to file appeal is granted. CRMSPL/2/2021 is disposed of.

Let the appeal be admitted. The state-appellant is directed to serve notice of appeal upon the acquitted accused, Subhankar Bhakta and file affidavit-of-service.

Let the matter appear in the next Circuit Bench. The Department is requested to prepare requisite number of paper books after calling the lower court record. Let the matter appear before the next Circuit Bench. (Kesang Doma Bhutia, J. )