The single judge bench of the Tripura High Court held that once the petitioner has invited the order(s) from the court and the matter has ended in finality, the petitioner cannot challenge the same. If aggrieved, the petitioner can approach before any other competent forum/Court.
Brief facts
The factual matrix of the case is that it was noticed by the informant, Rakman Ali, and his family members that one Asit Nath was ploughing the land of the informant using a power tiller as per instruction of the accused persons. Then, they immediately objected and Asit Nath left the place. Thereafter, when the informant along with his son (Maharam Ali) and daughters (Rajna Begam and Rumena Begam) were returning home, the accused attacked Rumena Begum and assaulted Maharam Ali. The informant was also assaulted by the accused persons when he went to save his son.
The charge sheet was filed against all the accused persons under Section 341/325/506/34 of IPC. The learned trial court convicted the accused persons. Then, the appeal was filed in the court of District and Session Judge the learned first Appellate Court upheld and affirmed the conviction and sentence as passed by the learned Trial Court. The criminal revision was also filed in order to challenge the judgment passed by the learned trial court which was disposed of by the court. Thereafter, the petition under Section 482 Cr.P.C. was filed.
Contentions of the Petitioner
The Petitioner submitted that there was simply a minor disagreement between the Petitioner and the complainant. The petitioner has been suffering from erroneous orders as a result of this minor issue.
Contentions of the Respondent
The Respondent submitted that the petition filed under Section 482 CrP.C is not maintainable and Section 362 of Cr.P.C also comes in the way of the petitioner, as the sentence once passed cannot be altered.
The Respondent relied upon the judgment titled State of Madhya Pradesh v. Man Singh.
Observations of the court
The Hon’ble Court observed that the petitioner cannot challenge court orders if they have been invited by the petitioner and the case has reached a definitive conclusion. If aggrieved, the petitioner can approach before any other competent forum/Court.
It was noted that if someone is not eligible for direct relief, he is not also eligible to make an indirect claim for the same remedy.
Based on these considerations, the court was of the view that the Petitioner filed the Petition under Section 482 Cr.P.C., and the hands of this court are tied under law, the Petitioner is not entitled to any relief which is sought.
The decision of the court
With the above direction, the court dismissed the criminal Petition.
Case title: Manir Ali Vs The State of Tripura
Coram: Hon’ble Mr. Justice T. Amarnath Goud
Case No.: Crl.Petn. 32 of 2023
Advocate for the Petitioner: Mr. D C Roy, Advocate
Advocate for the Respondent: Mr. R. Dutta, P.P
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