Mr. P. Roy Barman vs Mr. R. Datta
2023 Latest Caselaw 238 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                        CRL. PETN NO.2 OF 2023

               HON'BLE THE CHIEF JUSTICE (ACTING)

Present:
For the Petitioner(s)       : Mr. P. Roy Barman, Sr. Advocate.
                              Mr. S. Bhattacharjee, Advocate.
                              Mr. K. Nath, Advocate.

For the Respondent(s)       : Mr. R. Datta, P.P.

Mr. S. Lodh, Advocate.

24.03.2023

Order

It is seen from the record that the notices issued by

the Executive Magistrate in C/w with Case No.NGR-17(M) of

2022, NGR-37(M) of 2022, NGR-38(M) of 2022 and NGR-18(M)

of 2022 are under Section 107 of Cr. P.C. Mr. P. Roy Barman,

learned Sr. counsel assisted by Mr. K Nath, learned counsel

appearing for the petitioners argued that notices were issued

under Section 107 of Cr.P.C., but proceedings are conducted by

the official respondent under Section 145 of Cr.P.C.

Accordingly, the same was confirmed.

Hence aggrieved thereby, the present Criminal Petition

has been filed seeking to quash the Judgment and order dated

12.01.2023 passed by the learned Sessions Judge, Kailashahar,

Unakoti, Tripura in Crl. Revision 03(02) of 2022 which

confirmed the notices issued under Section 145 of Cr.P.C.

Heard both sides.

Admit.

It is seen from the record that the notices which have

been filed as an annexure are issued under Section 107 of

Cr.P.C and when put to the learned P.P. with regard to explain

whether it is under Section 107 or 145 of Cr.P.C., the learned

P.P. was not in a position to justify that the notices are issued

under Section 145 of Cr.P.C and further seeks time for filing

counter affidavit.

It is made clear that by way of filing any counter-

affidavit or any objections or by supplementing the arguments,

the nature of notice issued under Section 107 of Cr.P.C. cannot

be changed and there cannot be any supplementary proceeding

by way of counter-affidavit. However, this matter needs

examination; list this matter for final hearing on 31.03.2023.

In the meanwhile, the impugned order dated

12.01.2023 passed by the Court below in Crl. Revision No.3(2)

of 2022 which is under challenge is suspended until further

order.

CHIEF JUSTICE (ACTING)

suhanjit