Sunidhi –
Published on August 27, 2021, at 13:30 IST
An oldest pending Criminal Case got dismissed by Ahmedabad Civil Court last week after 53 years of being initiated.
The case was instituted in 1968, when three persons were arrested by Shaherkotda Police under Sections 407, 414, and 114 of the Indian Penal Code for Criminal Breach of Trust, assisting in concealment of stolen property and Abetment.
The three accused were identified as Trilokchand Sharma, Biharilal Sharma, and Ramsnehi Subedar who were then granted bail by the Court.
In 1969, when they were summoned for the 1st trial only Trilokchand showed up. Because of the absence of other two accused in the case, the Court separated Trilokchand’s case and it came to an end in the same year on June 2, 1969.
The Court continued to issue non-bailable warrants and even declared the other accused as absconders. However, the two remained untraceable and the case was then considered under the section of ‘dormant case’ file in 2002.
Since more than 50 years have passed when the case got filed, principal sessions judge Shubhada Baxi asked the Public Prosecutor Sudhir Brahmbhatt to raise the issue of this long-pending case and initiate the process for disposal.
A request was made by the Public Prosecutor to Ahmedabad District Magistrate for the disposal of the case by using his powers under Section 321 of the Criminal Procedure Code.
The District Magistrate was informed by the prosecutor that enough efforts have been made to trace the absconders and secure the presence of both the accused in court, but it did not yield any result.
The District Collector accepted the proposal to withdraw the case on August 12 and an application was filed in the court with respect to the same.
On August 17, the Principal Sessions Judge accepted the proposal for withdrawal of the case and disposed of the same.
The Court also recorded that there is no further possibility of tracing the accused persons. Therefore, there is no point in continuing with the criminal proceedings.
Also Read: When can a Criminal case be disposed without a trial?