Accused Has Right To Speedy Trial But Non-Appearance Of Investing Officer Caused 2 Yrs Delay: Gauhati High Court Seeks DGP's Intervention

The Gauhati High Court recently asked for instructions from Assam DGP as regards the prosecuting policy of the State in a case where an Investigating Officer has not appeared before the Trial Court to depose for almost two years, causing delay in the trial.

The single judge bench of Justice Arun Dev Choudhury noted that such situation cannot be allowed to continue inasmuch as an accused is having right of speedy trial.

The said observations came in a hearing of an application filed under Section 482 of CrPC by the petitioner who is an accused in a criminal case pending before Magistrate Court, raising a grievance that though he is facing trial, the investigating officer (I.O.) has not yet appeared before the trial court to depose.

The Court noted that the initial summon to appear and depose as witness to the I.O. was issued on July 18, 2022 and such date of appearance continued till March 30, 2024. It was observed by the Court that almost two years of delay has been caused only for non-examination of investigation officer.

“The aforesaid witness is a police official and therefore, this court would like to have instruction as regards the prosecuting policy of the state in this regard and also as to how they are proposing to deal with this kind of situation,” the Court observed.

Thus, the Court directed the Additional Public Prosecutor to obtain instruction from the Director General of Police, Assam in this regard.

The matter is listed again on May 03.

Case Title: Nripen Chandra Nath v. The State of Assam & Anr.

Case No.: Crl.Pet./479/2024

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