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2025 DAILYLAW 1493 (TRI)

Sri Arabinda Kar v. The State of Tripura and ors

Crl.Petn./8/2025 · 2025-03-05

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HIGH COURT OF TRIPURA AGARTALA Crl.Petn. No.08 of 2025 Sri Arabinda Kar .........Petitioner(s); Versus The State of Tripura & others .........Respondent(s). For Petitioner(s) : Mr. Kundan Pandey, Advocate. For Respondent(s) : Mr. Raju Datta, Public Prosecutor, Mr. Rajib Saha, Addl. Public Prosecutor. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 05/03/2025 Petitioner is aggrieved by the submission of the final form for the third time on 15.02.2022 in relation to an incident which led to institution of an FIR being East Agartala P.S. Case No.185/2012 under Section 302/34 of the IPC against three accused persons. Earlier, a final report was submitted about the incident on 13.04.2015 by the investigating officer treating the case to be a ‘mistake of fact’. The learned Additional Chief Judicial Magistrate, West Tripura, Agartala however directed further investigation by the police. The final report was submitted again on 06.05.2017 with the same opinion that it is a case of ‘mistake of fact’. Again the learned Additional Chief Judicial Magistrate, West Tripura directed further investigation vide order dated 07.07.2018. Therefore, once again a final report has been submitted by the IO treating it to be a ‘mistake of fact’ on 15.02.2022. Petitioner has not filed any protest petition against the same and approached this Court in the present criminal petition under Section 482 of the Cr.P.C. after more than two and a half years on 21.12.2024. Learned counsel for the petitioner however, after some arguments, seeks permission to file a protest petition before the learned Chief Judicial Magistrate against the final form submitted and take recourse of the law as is available to him thereafter. In the aforesaid facts and circumstances, the instant petition is disposed of giving liberty to the petitioner to approach the learned Court of Chief Judicial Magistrate, West Tripura, Agartala by submitting his protest application against the final form submitted by the investigating agency on 15.02.2022. The learned court may consider it in accordance with law. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.03.06 11:32:29 +05'30'