HIGH COURT OF TRIPURA AGARTALA Crl. Petn. No.29 of 2025 Babul Miah, S/o Abdul Rashid, aged about 50 years, resident of Matinagar, Ward No.2, P.S.- Sonamura, Dist- Sepahijala, Tripura, Pin-799131 .........Petitioner(s); Versus 1. The State of Tripura 2. Billal Miah, S/o Abdul Rashid, resident of Fakiradula, Matinagar, P.S.- Sonamura, Dist- Sepahijala, Tripura, Pin-799131 3. Abdul Rashid, S/o Laxman Miah, resident of Fakiradula, Matinagar, P.S.- Sonamura, Dist- Sepahijala, Tripura, Pin-799131 4. Saddam Hossain, S/o Abdul Rashid, resident of Fakiradula, Matinagar, PS- Sonamura, Dist- Sepahijala, Tripura, Pin-799131 .........Respondent(s). For Petitioner(s) : Mr. Nirjati Debnath, Advocate, Mr. Subham Majumder, Advocate. For Respondent(s) : Mr. Rajib Saha, Addl. Public Prosecutor. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 21/06/2025 The instant petition is directed against the order dated 03.06.2025 passed by learned Chief Judicial Magistrate, Sepahijala District, Sonamura whereby the prayer of the informant petitioner/the father of the victim girl to set aside the statement of the minor victim recorded under Section 183 of the BNSS, 2023 has been rejected. Petitioner has also prayed for direction upon the learned Trial Court to re-record the statement of the victim. He has further prayed for initiation of departmental action against the erring police officials of Sonamura Police Station for failure to discharge their duties in accordance with law during investigation. He has also prayed for appointment of a different investigating officer, not below the rank of Deputy Superintendent of Police, to conduct the investigation in connection with Sonamura P.S. Case No.2025SNM044 dated 08.05.2025. Learned Additional Public Prosecutor Mr. Rajib Saha has opposed the petition and submitted that the prayer is misconceived. Statement of the victim recorded by observing all formalities by a competent Judicial Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is not open to question on such allegations against the police officials. After some arguments, learned counsel for the petitioner Mr. Nirjati Debnath assisted by Mr. Subham Majumder, learned counsel however seeks permission to withdraw this petition with a liberty to raise the issues at the appropriate stage of trial. With the aforesaid liberty, the instant petition is dismissed as withdrawn. (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.06.23 14:46:51 +05'30'