Sri Biswanath Das v. The State of Tripura and 3 Others

ORDER

22.04.2024

This is a petition under Article 226 of the Constitution of India for seeking the following relief(s):

(i) Issue Rule, calling upon the Respondent No.1 to 4 and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for mandating/directing them, to investigate the F.I.R, dated 07.08.2023, and letter to S.P. (West Agartala) Tripura on 06.09.2023, in accordance with law.

(ii) Issue Rule, calling upon the Respondent No. 4, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, against the Respondent No. 4 in connection with F.I.R. dated 07.08.2023, for not investigating the matter in accordance with law.

(iii) Issue Rule, calling upon the Respondent No. 4, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, against the Respondent No. 4 in connection with F.I.R, dated 07.08.2023directing the Respondent No.4 to perform his duty under Chapter XII of CrPC, and submit the entire investigation done by him till now before this Hon'ble Court and to secure the ends of justice.

(iv) Call for the records of F.I.R, dated 07.08.2023,

(v) Cost of and incidental to this proceeding may be directed to be borne by Respondent No.1 to 4.

(vi) Any other relief/reliefs, order or orders may be given as the Hon'ble High Court deem fit and proper.

It is the case of the petitioner that on 07-08-2023 at about 11 am police of Sundar Tilla out post arrested three persons for the reason best known to the police and took them in police van. While coming back to police station when they reached at Simna Bazar, some miscreants namely Uttam Soutal, Goutam Soutal and along with other 14 to 15 miscreants stood in front of the police vehicle. All the miscreants all of a sudden attacked the police vehicle with da, lathi, and threw acid upon the detained persons due to

which they sustained serious burn injuries including one police person had also received injury due to said acid attack.

On the same day, the petitioner lodged an FIR to the Sundar Tilla Out Post under Sidhai Police Station. On 07-09-2023 petitioner also informed the matter in writing to Superintendent of Police, West Tripura. But the police did not register the case and did not take any legal action against the FIR named accused persons. Hence this writ petition.

Heard learned counsel for the parties.

Mr. Kohinoor N. Bhattacharjee, learned GA appearing for the respondents has submitted orally before this court that after thorough investigation done by the concerned police station, chargesheet has already been filed. He further prayed since chargesheet has been filed, nothing survives for adjudication now and prayed to dismiss the petition.

In view of the said submission, the instant writ petition stands dismissed. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.

JUDGE

Dipak DIPAK DAS Date: 2024.04.23 18:34:47 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) 274 of 2024 Sri Biswanath Das ---Petitioner(s) Versus The State of Tripura and 3 Others ---Respondent(s) For Petitioner(s) : Ms. Sushma Chakma, Advocate. For Respondent(s) : Mr. Kohinoor N. Bhattacharjee, GA. HON'BLE MR. JUSTICE T. AMARNATH GOUD