Sri. Subhankar Bhowmik v. The State of Tripura and 9 Ors

JUDGMENT & ORDER (ORAL)

Heard Ms. R. Guha, learned counsel along with Mr. M. Debnath, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Dy. SGI appearing for the respondents-Union of India and Mr. D. Bhattacharya, learned G.A. appearing for the respondents-State. The facts of the case in brief are that the petitioner along with his mother, while travelling in a car were suddenly stopped by a white Bolero Truck, which did not have any number plate and the said truck was placed on road in such a manner that it blocked the entire road for vehicular movement. Suddenly, 5 BSF personnel rushed to them and they had been dragged and manhandled by the BSF personnel. The petitioner wanted to lodge a complaint with Srinagar police station, but the officer in-charge of the said police station did not register the FIR at that moment.

However, Ms. Guha, learned counsel for the petitioner has submitted that later on the complaint had been registered, but till now the State-respondents have not taken any further steps and the case has not been properly investigated. In reply to the submission of learned counsel for the petitioner, Mr. Bhattacharya, learned G.A. has submitted that after registration of FIR, the State respondents started investigation and it is under progress. Learned G.A. has further informed this court that during the process of investigation, the Investigating Officers had visited the BSF Battalion, but the BSF authorities are not cooperating with the process of investigation. On the other hand, Mr. B. Majumder, learned Dy. SGI has submitted that the BSF personnel were deployed on the road for searching the vehicles which were moving on that day because they had some intelligence report of carrying cannabis by certain vehicle, so, almost all the vehicles were searched. In the light of the above submission, I direct the State-respondents to investigate the matter in a fair manner within a reasonable period. With the above directions, the instant writ petition stands disposed.

JUDGE

Rohit SAIKA T KAR by SAIKAT KAR Date: 2023.07.19 10:59:46 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) 1090/2022 Sri Subhankar Bhowmik, (29) Son of Swapan Bhowmik, Resident of Srinagar, P.O.- Srinagar, P.S. – Manubazar, District- South Tripura, Tripura, Pin-799143 …..Petitioner -VERSUS- 1. The State of Tripura Represented by the Chief Secretary, Department of Home, Government of Tripura, having his office at New Secretariat Complex, Gorkhabasti, P.O.- Kunjaban, P.S.– East Agartala, Sub-Division- Agartala, Dist. West Tripura. 2. The Director General of Police Government of Tripura, having his office at Police Head Quarter, Fire Brigade Chowmuhani, Agartala, P.O.- Agartala, Agartala, District- West Tripura, Pin-799001 3. The Superintendent of Police South Tripura, having his office at Superintendent of Police, Police Head quarters, Belonia, South Tripura, Pin-799155 4. The Officer-in-Charge, Having his office at Srinagar Outpost, Srinagar, South Tripura, Pin-799143 5. The Officer-in-Charge, Having his office at Manubazar Police Station, District- South Tripura, Tripura Pin-799143 6. The Inspector General BSF, Having his office at Border Security Force, office of the Inspector General Frontier Head Quarter BSF, Salbagan, Agartala Distt- West(Tripura) State- Tripura-799012 7. The Commandant, 109 Battalion of BSF, having his office at South Srinagar Camp, South Tripura, Pin-799143 8. Mr. Sanjit Gowala @ Sonu (IB), 109 Battalion of BSF, having his office at South Srinagar Camp, South Tripura, Pin-799143 9. Mr. Bishnoi (Constable), 109 Battalion of BSF, having his office at South Srinagar Camp, South Tripura, Pin- 799143 10. Mr. Kaptan Singh (Constable), BSF, having his office at South Srinagar Camp, South Tripura, Pin-799143 …..Respondents For Petitioner(s) : Ms. R. Guha, Advocate Mr. M. Debnath, Advocate For Respondent(s) : Mr. B. Majumder, Dy. SGI Mr. D. Bhattacharya, G.A. Date of hearing & delivery : 06.07.2023 of judgment & order Whether fit for reporting : HON'BLE MR. JUSTICE ARINDAM LODH