Mr.Sayantan Talapatra vs Mr. S. Ghosh
2023 Latest Caselaw 782 Tri

                          HIGH COURT OF TRIPURA
                                 AGARTALA
                           Crl. Petn. 20 Of 2023

For Petitioner(s)             : Mr.Sayantan Talapatra, Advocate
                                Mr. Samar Das, Advocate.

For Respondent(s)             : Mr. S. Ghosh, Addl.PP

                HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                ORDER

20.09.2023

Heard Mr. Sayantan Talapatra, learned counsel appearing for

the petitioner. Also heard Mr. S. Ghosh, learned Addl. PP appearing for

the State-respondents.

Mr. Sayantan Talapatra, learned counsel appearing for the

petitioner contended that the instant matter is not a case for invoking

Sections 420 and 409 of IPC since the petitioner is not a public servant

and the requirements for attracting Section 420 of IPC is not made out.

Rather, it would be a civil case for any remedy and the complainants

have resorted to the same.

In support of the same, he has placed the reliance on the

judgment of the Apex Court in Vesa Holdings P. Ltd and Others Vs.

State of Kerala and Others reported in (2015) 8 SCC 293 and in

Usha Chakraborty and Another Vs. State of West Bengal and

Another reported in AIR 2023 SC 688.

Mr. S. Ghosh, learned Addl. Public Prosecutor appearing for

the State-respondents has submitted the preliminary investigation report

and argues before this Court that the investigation is not completed and

the charge-sheet also needs to be filed. Learned Addl. P.P, contends that

in the event, if the petitioner is aggrieved, thereafter, he can file

application seeking discharge on the strength of the investigation report.

However in order to strengthen his argument and substantiate this case,

learned Addl. P.P., pleads for an accommodation.

Request considered.

Two weeks' time is granted to the respondents for filing

counter affidavit, if any.

Let the matter be listed on 05.10.2023.

                                                                    JUDGE




Paritosh



 SABYASACHI             Digitally signed by
                        SABYASACHI GHOSH

 GHOSH                  Date: 2023.09.22 12:58:42
                        +05'30'