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2026 DAILYLAW 104 (TRI)

SMT. ANUPRIYA GUPTA ON BEHALF OF ACCUSED DEEP PRAKASH GUPTA v. THE STATE OF TRIPURA

W.P.(Crl.)/2/2026 · 2026-02-11

S Datta Purkayastha, T Amarnath Goud

body2026

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP (Crl.) 2 of 2026 SMT. ANUPRIYA GUPTA, Daughter of Ram Prasad Gupta, Resident of Flat No. 2, Vrindavan Apartments, Plot No. 110, I.P Extension, P.O. Shakarpur, District East Delhi, Delhi - 110092 …...Petitioner For and on behalf of SRI DEEP PRAKASH GUPTA, Son of Puttu Lal Gupta, Resident of Flat No. 2, Vrindavan Apartments, Plot No 110, I. P. Extension, P.O. Shakarpur, District East Delhi, Delhi - 110092 …...Accused (In custody since 21 01 2026) VERSUS STATE OF TRIPURA Represented by the Secretary, Home Department, Government of Tripura, New Capital Complex, Agartala, West Tripura ……….Respondent For Petitioner(s) : Mr. Dhiman Gope, Advocate Mr. Naba Kishore Sharma, Advocate Mr. Chetan Kr. Garg, Advocate For Respondent(s) : Mr. Raju Datta, P.P. HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA ORDER 11.02.2026 [1] Heard learned counsel appearing for the respective parties. [2] After an elaborate argument advanced by the learned counsel of the petitioner and at the midst of the argument advanced by the learned Public Prosecutor, it is brought to the notice of this Court that in the page No.41 of the instant petition the affidavit enclosed as Annexure P-2, which is supposed to be signed by the deponent Smt. Anupriya Gupta, the entire affidavit is blank and there is no signature of the deponent and the counsel, Mr. Dhiman Gope has signed at the bottom of the affidavit. In the entire affidavit regarding paragraph numbers and dates, there are many blanks and there is no signature of deponent. This Court taken the issue seriously and observes that such sort of affidavit cannot be taken on record when the matter very particularly, deals with regard to arrest, remand and the procedural aspects involved under BNSS including the constitutional enshrined fundamental rights under Article 21 of the Constitution of India. [3] At this juncture, Mr. Gope, learned counsel for the petitioner expresses his concerned the manner in which the said affidavit has been filed and seeks a liberty to withdraw the writ and to file a proper petition. [4] Request made on behalf of the petitioner is considered. [5] Thus, the instant petition filed by the petitioner is dismissed as withdrawn with a liberty to file afresh. [6] As a sequel, miscellaneous application(s), pending if any, shall also stand closed. S. Datta Purkayastha, J. Dr. T. Amarnath Goud, J. Sabyasachi. G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2026.02.13 14:53:21 +05'30'