Tripura High Court
Shri Biplab Debnath vs The State Of Tripura And Anr on 26 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRL. PETN. NO.6 OF 2024
Shri Biplab Debnath
......Appellant(s)
Versus
The State of Tripura and anr.
.......Respondent(s)
For the Petitioner(s) : Mr. B.N. Majumder, Sr. Advocate.
Mr. G. Saha, Advocate.
Mr. A. Chakraborty, Advocate.
For the Respondent(s) : Mr. S. Ghosh, Addl. P.P.
Date of hearing and delivery of
Judgment & Order : 26.06.2024
Whether fit for reporting : YES/NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
This present petition has been filed under Section 482 of
Cr.P.C. for quashing/cancelling/setting aside the complaint dated
28.06.2022 and order dated 16.09.2022, whereby the cognizance of
the offence has been taken on the aforesaid complaint case
registered as CR 162 of 2022, pending before the learned Court of
Judicial Magistrate, Court No.2, West Tripura.
2. The brief fact of this case is that the petitioner is made
an accused of CR Case No. - 162 of 2022, pending before the
Judicial Magistrate, 1st Class, Court No. - 2, wherein, cognizance
has been taken against the petitioner and 2 (two) other accused i.e.
Smt. Nani Bala Debnath and Smt. Gouri Debnath on 16-09-2022
and accordingly, summons were issued on the allegation that the
deceased father of the petitioner and Smt. Gouri Debnath husband
of Smt. Nani Bala Debnath i.e. late Nepal Ch. Debnath had taken a
loan of Rs.88,000/- from the complainant but he failed to refund the
said amount. The learned Trial Court took cognizance of the offence
and issued summons. Challenging the order of cognizance dated
16.09.2022 and the order of issuing the summons, this present
criminal petition has been filed.
3. Heard Mr. B.N. Majumder, learned Sr. counsel assisted
by Mr. G. Saha, learned counsel and Mr.A. Chakraborty, learned
counsel appearing for the petitioner as well as Mr. S. Ghosh,
learned Addl. P.P., appearing for the State-respondent.
4. Mr. Majumder, learned Sr. counsel appearing for
the petitioner-accused submitted that the father of the petitioner
has taken the loan but the cognizance of the offence has been taken
on his son, married daughter and wife. The same does not stand in
the eye of the law. Stating thus, learned Sr. counsel urged this
Court to quash the entire proceeding.
5. On the other hand, Mr. S. Ghosh, learned Addl.
P.P., submits that the complainant's action is absolutely wrong in
the eye of the law.
6. Heard both sides and perused the evidence on record.
7. The grievances are against the father of the petitioner
herein i.e., late Nepal Ch. Debnath and no allegation has been
made out against the petitioner. Further for any criminal act
committed by the father, the son, daughter and his wife cannot be
put in jeopardy. Accordingly, the present writ petition is allowed,
the impugned criminal proceeding pending in Court of Judicial
Magistrate, Court No.2, West Tripura vide case No. CR Case No.-
162 of 2022 is set aside against the petitioner, the married
daughter and wife of late Nepal Ch. Debnath.
8. With the above observation and direction, this present
petition is dismissed. As a sequel, stay if any stands vacated.
Pending application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally
RAJKUMAR
signed by
SUHANJIT SUHANJIT SINGHA
Date: 2024.06.29
SINGHA 15:38:11 +05'30'
