Tripura High Court Mandates Swift Disposal in 13-Year-Old Criminal Case
Court Criticizes Delays, Orders Chief Judicial Magistrate to Expedite Proceedings by November 2025
In a significant directive aimed at expediting judicial processes, the Tripura High Court has ordered the Chief Judicial Magistrate, West Tripura, Agartala, to ensure the swift disposal of a criminal case pending since 2010. The case, registered as PRC(WP) 239 of 2010, involves multiple accused, including Vivekananda Modak, who remains absconding. The High Court's decision comes in response to a petition filed by Joydeep Roy Barman, the informant, who highlighted the inordinate delays in the trial proceedings.
The case has been plagued by delays, including numerous adjournments granted by the trial court without sufficient cause. The High Court, presided over by Justice S. Datta Purkayastha, emphasized the need for prioritization and avoidance of unnecessary adjournments. The court directed that the matter concerning accused Subir Chakraborty, who has sought pardon under Section 306 of the Code of Criminal Procedure, be disposed of in accordance with the law by November 2025.
Justice Purkayastha noted that despite previous directives for expeditious handling of the case, the trial court failed to prioritize the matter. The court criticized the practice of adjourning the case repeatedly without effective orders and insisted on a time-bound resolution. It also stressed that the trial court should conduct day-to-day examination of witnesses and avoid granting adjournments unless absolutely necessary.
The case dates back to an FIR lodged in 2010 against Vivekananda Modak and others for offenses under various sections of the Indian Penal Code, including cheating and criminal conspiracy. Despite the charge sheet being filed in 2015 and charges framed in 2018, the trial has seen little progress, with only eight out of 32 witnesses examined so far.
The High Court's stern directives aim to rectify the sluggish pace of the trial and ensure justice is served promptly. The decision underscores the judiciary's commitment to addressing systemic delays and enhancing the efficiency of the legal process.
Bottom Line:
Directions issued for expeditious disposal of a criminal case pending since 2010 before the Chief Judicial Magistrate, West Tripura, Agartala, emphasizing the need for prioritization and avoidance of unnecessary adjournments.
Statutory provision(s): Section 306 Cr.P.C., Section 317 Cr.P.C., Section 482 Cr.P.C., Sections 420/477A/109 IPC, Sections 419/120(B)/406/420 & 109 IPC
Joydeep Roy Barman v. State of Tripura, (Tripura) : Law Finder Doc Id # 2782904
