AGARTALA, India, May 16 -- Tripura High Court issued the following order/judgement on April 13:
This petition under Section 482 of Cr.P.C., 1973 corresponding to Section 528 of BNSS, 2023 is filed for directing the police to submit further investigation report in connection with A.D. Nagar P.S. Case No.2024/AND/016 under Sections 341/326/307/34 of IPC, 1860.
Heard Learned Counsel, Mr. D. Gope appearing on behalf of the petitioner and also heard Learned P.P., Mr. R. Datta appearing on behalf of the State-respondent. Learned Counsel, Mr. S. Das appears on behalf of the respondent accused persons.
02. The case of the petitioner in short is that on 08.11.2023 at about 5.00 pm the petitioner's husband Sahalam Miah was proceeding towards camper bazaar and when he reached near the house of accused No.1 namely, Foyzur Rahaman that time said Foyzur Rahaman restrained petitioner's husband and started abusing her husband using filthy languages. The petitioner's husband tried to protest, that time the accused person No.1 started assaulting petitioner's husband by giving fist & blows & kicks, then the son of the accused person No.2 namely Jiaur Rahaman and the daughter of the accused person No.2 namely Masuma Khaton i.e. respondent accused persons No.3 & 4 came there. The respondent accused Jiaur Rahaman caught holds petitioner's husband and the accused person Foyzur Rahaman assaulted her husband by a sharp cutting weapon with intent to kill her husband. On hearing hue and cry of the petitioner's husband, her son namely, Badal Miah rushed there to save petitioner's husband when her son was also assaulted by the respondent Nos.2 and 3. Due to that petitioner's husband got injured and later on treated at AGMC & GBP Hospital, Agartala, West Tripura.
03. After the incident the petitioner went to A.D. Nagar P.S. to lodge an FIR against the accused persons regarding the above incident but no case was registered by police. After that the petitioner forwarded the FIR to Superintendent of Police, West Tripura for investigation through Registered Post on 11.11.2023 but inspite of that no action was taken. Finding no other alternative the petitioner filed a complaint to the Court of Learned CJM, West Tripura, Agartala which was registered as Case No.C.R. Misc.134 of 2023 and vide order dated 01.12.2023 Learned CJM directed the police authority to register a specific case treating the complaint petition as an FIR. Accordingly, a case has been registered vide A.D. Nagar P.S. Case No.2024/AND/016 under Sections 341/326/307/34 of IPC, 1860 dated 10.04.2024 and the I/O started investigation.
04. It was further submitted that police did not take any action on the complaint of the petitioner as the accused person No.1 is a Chairperson of Minority Committee and he is an influential person of the society. It was further submitted that, due to influence, the Police authority of A.D. Nagar P.S. received the FIR filed by the son of the respondent accused No.2 namely Arifur Rahaman and a false case against petitioner's son and her husband which has been registered immediately vide A.D. Nagar P.S. Case No.2023ADN063 under Sections 326/307/34 of IPC and the I/O started the investigation.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6ahgGFw14GWKSM8HVDUHACpLvuZdj3R%2BIh%2BRyau%2BHDb&caseno=Crl.Petn./68/2025&cCode=1&cino=TRHC010020522025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
