AGARTALA, India, May 27 -- Tripura High Court issued the following order/judgement on April 27:
Heard learned counsel of both sides.
Before entering into the merit of the case, learned P.P, Mr. R. Datta appearing for the State pointed out that on 19.02.2026, the petition for custody trial was filed by the investigating officer before the learned Special Judge, Court No.3, West Tripura, Agartala which is still undisposed of. Records shows that the said petition was never pressed by the learned Public Prosecutor before the Court nor the Court took up the said petition for consideration on any occasion.
Mr. S. Lodh, learned counsel appearing for the petitioner submits that for around 100 days, the accused person is in custody and already the chargesheet is filed in this case long ago. Mr. Lodh, learned counsel during his submission also raises a question as to whether the learned Special Judge has the jurisdiction to entertain the petition for custody trial. He may press such submission before the learned Special Judge.
Despite specific order passed by this Court in B.A. No.12 of 2026 to dispose of the petition for custody trial expeditiously preferably within 7[seven] days, but neither the learned Public Prosecutor is found to be more vigilant on that point to bring to the notice of such petition before the Court nor the Court while accepting the charge-sheet has looked after the matter whether such petition is filed by the investigating officer.
In such circumstances, learned Special Judge is directed to hear the said petition expeditiously and the same will be disposed of within 7[seven] days on receipt of the copy of this order.
Liberty is given to the petitioner to approach this Court if he is aggrieved by the order of the learned Special Judge on the said petition for custody trial.
With such observation and without making any observation on the merit of the bail application, the same is disposed of.
Return the case diary to learned P.P.
Send a copy of this order to the learned Special Judge, Court No.3, West Tripura, Agartala immediately.
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