GUWAHATI: The Gauhati High Court has sought a response from the Director General of Police (DGP), Assam, GP Singh, regarding the state's prosecuting policy, following the prolonged absence of an investigating officer in a criminal trial that has caused a delay of almost two years.
The case involves a petition filed under Section 482 of the Criminal Procedure Code (CrPC) by an accused who complained that the investigating officer had not appeared before the trial court to give testimony. This delay has significantly impacted the progress of the trial.
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A single-judge bench of Justice Arun Dev Choudhury noted that such a delay cannot be allowed to persist, as it infringes on an accused's right to a speedy trial. The court remarked that initial summons for the officer to appear and testify were issued as far back as July 18, 2022. However, the officer's absence continued until March 30, 2024, causing significant delays in the trial proceedings.
The court directed the Additional Public Prosecutor to obtain instructions from the DGP on the state's prosecuting policy and how it plans to address such situations in the future. It emphasised that the prolonged delay caused by the absence of an investigating officer is unacceptable, and steps must be taken to ensure timely appearances in court.
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The case has been listed for further hearing on May 3, 2024.
