Sri Biswajitsaha Alias Manik Saha v. State of Tripura and 3 Ors

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

WP(C) No.151 of 2024

Sri Biswajit Saha alias Manik Saha .....Petitioner _V_E_R_S_U_S_

State of Tripura and 3 Others .....Respondents

For Petitioner(s) : Mr. D. Bhattacharjee, Sr. Advocate. Mr. S. Das, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. G.A. Mr. R. Datta, P.P.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

_O_ R_ D_ E_ R_

23.02.2024

Heard Mr. D. Bhattacharjee, learned senior counsel assisted by Mr. S. Das, learned counsel appearing for the petitioner also heard Mr. M. Debbarma, learned Addl. G.A. and Mr. R. Datta, learned Public Prosecutor appearing for the respondents.

The present petition has been filed under Article-226 of the Constitution of India for a direction to the respondent-State to register FIR and cause investigation by forming a Special Investigation Team to produce Smti. Soma Saha forthwith. The petitioner has prayed for the following reliefs: "i. Admit the writ petition. ii. Issue notice upon the respondents. iii. Call for the records. iv. Direct the respondents to find out and brought wife of the petitioner namely, Smti. Some Saha by forming Special Investigation Team headed by respondent No.2 and also pass such other order or orders as the Hon'ble Court may deem fit and proper for the ends of justice."

The case of the petitioner is that the petitioner is a business man and married with one Soma Saha D/o late Mohal Lal Saha of Lal Bahadur Chowmuhani, East Agartala since 34 years. Out of their marital relation one son namely Shivjyoti Saha (18 years) now prosecuting his higher studies in the college outside the State and one daughter Ananya Saha is prosecuting her studies at Class-I. since last 6 months started her morning walk activity with one of her neighbour Smti. Mitali Chakraborty wife of Babul Chakraborty at Joynagar Road No. 4. Agartala, West Tripura. Said Soma Saha is house wife and

very polite in her character mixing with others very friendly. On 25.01.2024 at about 5.15 a.m. she usually left her house for morning walk and thereafter did not return to the house. Confronted with this situation petitioner started searching every where possible for her availability petitioner also searched in the hospital. Having failed, petitioner approached the respondent No. 4 and registered her missing information. Later on, the petitioner came to learn that his wife is mixing with neighbour Mitali Chakraborty since last 6 month closely. Both of them are doing morning walk and even passing time together as and when they have their time.

The neighbour Mitali Chakraborty in her residents given rent to some daily workers who are belongs to muslim community coming from Murshidabad West Bengal. It has learnt from the local people that on intervention of Mitali Chakraborty revealed that there was a love affair between Soma Saha and Soriful Islam, a tenant of Mitali Chakraborty. The petitioner on search of his house found that there were missing of 40 Boris of golden ornaments and cash of Rs. 62,000/-. The petitioner informed those aspects to the police.

The petitioner through his business man contacted with the Murshidabad locality and got information that wife of the petitioner was converted to Muslim and to that extant one affidavit has been done. On further enquiry it has been learnt by the petitioner that there are numerous Muslim peoples come to Tripura and trapping the women, lady, belong to Hindu family and converted them to their religion. The petitioner each and every day attending the police station twice but except GD Entry there is no development. The petitioner was never called by the police. The respondents have a duty to find out the wife of the petitioner but there is no effective action from their side.

Hence, the present petition has been preferred by the petitioner before this Court for redress.

Today when the case is called Inspector Swasthi Das through Mr. R. Datta, learned P.P. appearing for respondent has submitted a report and contended that she would register an FIR and proceed with the matter and also seeks relevant information and assistance from the petitioner side to which Mr. D. Bhattacharjee, learned senior counsel assisted by Mr. S. Das, learned counsel

upon instruction submits that his client is ready to provide whatever information the investigating agency is required.

In view of above, the present petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stands closed.

T. Amarnath Goud, J

A. Ghosh ANJAN GHOSH Date: 2024.02.27 15:45:42 +05'30'