Tripura High Court
Kunal Kumar Ghosh @ Kunal Ghosh vs The State Of Tripura And Anr on 9 January, 2023
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRL.PETN NO.34 OF 2022
Kunal Kumar Ghosh @ Kunal Ghosh
......... Petitioner(s)
Vs.
The State of Tripura and anr.
....... Respondent(s)
For the Petitioner(s) : None.
For the Respondent(s) : Mr. S. Debnath, Addl. P.P.
Date of hearing and delivery of
Judgment & Order : 09.01.2023.
Whether fit for reporting : NO.
HON'BLE THE CHIEF JUSTICE(ACTING)
JUDGMENT AND ORDER(ORAL)
The brief fact of this instant petition is that
respondent No.2 herein lodged a complaint dated 02.11.2021
before the Officer-in-Charge, Birganj Police Station and an FIR
was registered bearing registration No. Birganj PS Case
No.2021 BIRGANJ 064. Thereafter, the police authorities
investigated the case and after completion of the investigation,
on 21.03.2022, police submitted charge sheet against the
petitioner. Based on the said charge sheet, the learned Sub-
Divisional Judicial Magistrate, Amarpur, Gomati District Tripura
vide impugned order dated 22.03.2022 took cognizance of the
matter. Challenging the impugned order dated 22.03.2022, the
petitioner has filed the instant petition and prayed for the
following reliefs:-
" i) Issue notice, calling upon the respondents
and each one of them, to show cause as to why an
appropriate Direction/Order, shall not be issued, for
quashing/setting aside the impugned Order dated
22.03.2022, passed by the ld. Sub-Divisional Magistrate,
Amarpur, Gomati Tripura, in Case No.2021 BIRGONJ
064, which was subsequently renumbered as PRC(WP)48
of 2022 whereby Ld. Court of the Sub-Divisional
Magistrate, Amarpur, Gomati, Tripura took cognizance of
offence punishable under Sections 295A/298/504 of
Indian Penal Code against the petitioner;
ii) Pass an interim order staying the further
proceeding of PRC(WP)48 of 2022, pending before the
Judicial Magistrate First Class, Court No.1, Khowai;
iii) After hearing the parties, be pleased to
make an Order absolute in terms of (I) above;
iv) Call for the records appertaining to this
petition;
v) Costs of any incidental to this proceedings;
vi) Any other relief(s) as to this Hon'ble High
Court may deem fit and proper;"
2) It is seen from the record that on the last
occasion dated 05.12.2022, there was no representation on
behalf of the petitioner. However, Mr. S. Debnath learned Addl.
P.P. sought for an adjournment and the same was considered.
Today when the matter is called out, there is no representation
on behalf of the petitioner. Mr. S. Debnath learned Addl. P.P.
appears for the respondents.
3) It is represented by learned Addl. P.P. that apart
from filing the present petition before this Court praying for the
above-mentioned reliefs, a discharge petition has also been
filed by the petitioner before the Court below, and the same is
pending for final hearing and order.
4) In view of the parallel proceeding pending before
the Court below, this Court feels that adjudicating the matter
for the present is not necessary. Accordingly, this criminal
petition is dismissed giving liberty to the petitioner herein to
pursue the matter of the discharge petition before the Court
below on merit.
5) Consequently, pending application(s), if any, also
stands closed.
CHIEF JUSTICE (ACTING)
suhanjit
