THE STATE Vs. ABDUL ISHAQUE

JUDGEMENT

(1.) On the prayer of learned advocate of both the parties, it is brought on record before going into the merits of the case that the application has been filed under criminal jurisdiction for exercise of inherent power vested with the High Court under section 482 of the Code of Criminal Procedure. So it is imperative to correct the case number and classification of the same accordingly. Therefore, the office is directed to correct the case number and allot a new number under the criminal jurisdiction. Accordingly, this application is treated as Criminal Revisional application.

(2.) This is an application under Article 227 of the Constitution of India read with section 482 of the Criminal Procedure Code, 1973 for extension of time to examine the Investigating Officer of G.R.Case No. 1002/1453/01 in view of CRAN No. 017 of 2011 which is pending before this Hon'ble Court, and setting aside the impugned order No. 109 dated 20.01.2012 passed by the learned Court of Judicial magistrate First Class-I at Port Blair.

(3.) Mr. S.K. Mandal, learned Public Prosecutor along with his Junior Mr. S.C. Mishra appearing on behalf of the Applicant-State submitted that G.R. Case No. 1002/1453/01 under section 409 of the Indian Penal Code has been initiated against the respondent herein in the Court of learned Judicial Magistrate, First Class-I at Port Blair on the allegation of misappropriation of government money to the tune of Rs. 8,66,612/-in the Department of Transport under the Andaman and Nicobar Administration and almost all the witnesses have been examined except the Investigating Officer, whose examination is absolutely essential in this case for just decision of the matter. Efforts were made to secure the attendance of the Investigating Officer but as he has already retired from his service so his attendance could not be secured earlier. As such, an opportunity for examining the said Investigating Officer should be given to the prosecution for the interest of justice.