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2025 DAILYLAW 653 (TRI)

Shri Dipak Das v. The State of Tripura and ors

Crl.Rev.P./16/2025 · 2025-05-28

body2025

Judgment text

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HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ Crl. Rev. P No.16 of 2025 Sri Dipak Das ...... Petitioner(s) V E R S U S State of Tripura and others ..…. Respondent(s) For Petitioner(s) : Ms. Ayantika Chakraborty, Advocate. For Respondent(s) : Mr. Rajib Saha, Addl. Public Prosecutor. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH =O=R=D=E=R= 28/05/2025 At the outset, Ms. Ayantika Chakraborty, learned counsel for the petitioner submits that in view of the provisions of Section 449 and Section 401(5) of the Code of Criminal Procedure, permission may be allowed to convert the instant criminal revision petition into an appeal. Mr. Rajib Saha, learned Additional Public Prosecutor submits that any order passed under Section 446 of Cr.P.C is appealable. Therefore, the petitioner does not lose his remedy if the proceedings are converted into an appeal. It is submitted that Section 449 of Cr.P.C is a specific provision for appeal against orders passed under Section 446 of the Code. Therefore, the proper remedy for the petitioner would be to invoke the appellate power of this Court. In that view of the matter, permission is granted to learned counsel for the petitioner to convert the instant criminal revision petition into an appeal under Section 449 of Cr.P.C. Let it be done by 30th June, 2025. Relevant corrections in the nomenclature and in the body of the petition may accordingly be made. After making such corrections, fresh institution number be provided by the Registry upon fresh stamp reporting. Matter be listed before the appropriate Bench after summer vacation, 2025. Interim order dated 28.03.2025 to continue in the meantime. (APARESH KUMAR SINGH) CJ DIPESH DEB Digitally signed by DIPESH DEB Date: 2025.05.29 18:23:19 +05'30'