Prem Nath Singh And ORS v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/24/2023 Prem Nath Singh and Ors. ...Petitioners Vs.

The State ... Respondent Mr. S.C. Mishra ... for the Petitioners Ms. A.S. Zinu ...for the Respondent October 18, 2023 [M.A.Mobin] Item No.5 This is an application under Article 227 of the Constitution of India read with Section 401 of the code of Criminal Procedure with an innocuous prayer of the petitioners who are the accused of a Special Case being No.6 of 2002 (State-CBI vs. Prem Nath Singh & Ors.).

It is the submission of the learned Advocate for the petitioners that the case is pending since 2002 and now 20 years has already been elapsed but no progress has been made. Learned Advocate for the Respondent-CBI submits on several occasions several applications were made by the present accused before the Hon'ble High Court for which CBI has to move before Hon'ble Supreme Court for different prayers, due to such reason the case was stalled for long.

It appears to me that the evidence was started in this case and PW-1 was examined in February, 2020. Thereafter Covid Pandemic started and since then no evidence was examined.

I have considered the fact that the learned District Judge has assigned as a Special Judge-CBI. He has some load of judicial work as well as administrative work. That is why it was not possible for the learned District Judge to conduct the instant case by day to day basis.

Considering the fact it appears to me that as the instant case is pending since more than 20 years, the CBI may be directed to conclude the trial of this case by production of the witnesses as early as possible.

Hence, a specific direction be made upon CBI to dispose of the trial of this case within 3 years. The CBI is specifically directed to take necessary steps to bring the witnesses as early as possible if the exercise is not concluded within the above time framed, the CBI is at liberty to pray before this Court with a specific prayer of extension.

Accordingly, the instant Criminal Revision is disposed of. (Subhendu Samanta, J.)