Indra Pal Singh And ANR v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/48/2025 Indra Pal Singh and Another Vs The Andaman and Nicobar Administration and Another Mr. Mohammed Sharukh ... for the petitioners Mr. Sumit Kumar Karmakar ... for the respondent no.1 Mrs. Anjili Nag, Sr. Adv.

Miss. K. Sneha ... for the respondent no.2 December 17, 2025 [AKB] Item No. 5 1.

The revisional application has been preferred praying for setting aside of the impugned order dated 12.11.2024 in Special Case No. 67 of 2018 arising out of Aberdeen Police Station Case No.

of dated 23.09.2018 under Sections 365/342/323/147/149 of the Indian Penal Code, 1860, and Chargesheet No. 539 of 2018 dated 07.11.2018 under Sections 365/342/323/147/149/120B of the Indian Penal Code, 1860, and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

Vide the impugned order, the learned Trial Judge has been pleased to dispose of the application dated 05.01.2023 in part. The petitioners being aggrieved with the said order has preferred the present revision praying for setting aside of the said order.

3.

It is submitted by the learned Counsel for the petitioners that vide an order dated 16th December, 2019 passed in C.R.R.

No. 034 of 2019, the Circuit Bench of the High Court at Port Blair disposed of the said revision by directing as follows : "Accordingly, the revisional application, bearing C.R.R. No. 034 of 2019, fails and is dismissed on contest, without any order as to costs.

It is, however, made clear that the designated POCSO Court taking up the matter, while framing charges, shall consider as to whether the ingredients of Section 8 of the POCSO Act, read in conjunction with the element of sexual intent embodied in Section 7 of the said Act, is satisfied prima facie to justify the trial of the petitioners under the POCSO Act.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.".

4.

The Learned Single Judge while disposing of the revisional application has specifically noted the materials on record, on and from page 4 onwards in its order, which the High Court directed the Learned Special Judge, (Trial Court) to consider as per the order passed by the High Court. 5.

From the impugned order it appears that the learned Trial Judge vide the impugned order dated 12.11.2024 decided an application dated 05.01.2023 praying for discharge of the accused persons. The learned Trial Judge then fixed the case for consideration of charge on the next date i.e. on 22nd January, 2025.

6.

On perusal of the impugned order, it appears that the learned Trial Judge while considering and disposing of the discharge application did not refer to the order of the High

Court dated December 16, 2019. The order of the High Court dated December 16, 2019 was to be considered by the learned Trial Court while framing of charge. C.R.R. No. 034 of 2019 was filed praying for quashing of the proceedings initiated in this case. The Court took into consideration the materials on record while dismissing the criminal revision.

7.

Considering the ground as made out by the petitioners herein that the learned Trial Court did not act as per the direction of the High Court in the order dated December 16, 2019, this Court finds that the said submission has no merit, as the direction to the learned Trial Court was to proceed as per the order dated December 16, 2019 at the time of framing of charge. Admittedly charge has not been framed till date. The order under challenge has been passed while deciding the discharge application.

8.

The case of the petitioners has already been considered by the Coordinate Bench in C.R.R. No. 034 of 2019 and there is no fresh materials at this stage to consider the petitioners' application for setting aside of the impugned order. 9.

The revisional application is accordingly disposed of with the direction that the learned Trial Court shall proceed with the case before it, for consideration and framing of charge and while doing so, the learned Trial Court shall be guided by the order dated December 16, 2019 passed in C.R.R. No. 034 of 2019.

10.

The Trial Court record be sent back at once.

11.

Parties to act on the server copy of this order downloaded from the official website of this Court.

[Shampa Dutt (Paul), J.]