Shri Asish Kanti Saha vs The State Of Tripura & Others
2024 Latest Caselaw 1507 Tri

Tripura High Court

Shri Asish Kanti Saha vs The State Of Tripura & Others on 9 September, 2024

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                        Crl.A. No.67 of 2024 (Filing No.)
Shri Asish Kanti Saha
                                                            .........Appellant(s);
                                     Versus
The State of Tripura & others
                                                        .........Respondent(s).

For Appellant(s) : Mr. Somik Deb, Sr. Advocate, Mr. P. Chakraborty, Advocate.

For Respondent(s) : Mr. Raju Datta, Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 09/09/2024 Surviving defects have not been removed despite sufficient time

and last indulgence granted by the previous order. This is a criminal appeal

(DB) arising out of the judgment dated 24.08.2023 passed in ST 34 of 2015

whereby the accused persons have been acquitted of the charges. The surviving

defect is ignored. Photocopy of the impugned judgment has been annexed to

the record.

By the common impugned judgment dated 24.08.2023 passed by

learned Sessions Judge, Gomati District, Udaipur in ST 34 of 2015, accused

Koushik Das has been acquitted from the charges under Sections 364/202 of

IPC and Sections 102/201/34 of IPC and set at liberty. Accused Sankar Banik

has been acquitted from the charge under Sections 302/325/149 of IPC and also

set at liberty. Rest of the accused persons namely Mithun Banik, Abhijit Saha,

Titan Paul and Ganesh Banik have also been acquitted for the charges under

Sections 325/149 of IPC which are punishable by imprisonment upto seven

years and also liable to fine. Therefore, this appeal against the acquittal of these

accused persons won't lie before the learned Division Bench of this Court.

Mr. Somik Deb, learned senior counsel for the appellant, therefore,

seeks permission to delete the said accused persons from the array of

respondents. He however seeks liberty to prefer an appeal against their acquittal

before the appropriate Single Bench of this Court.

Liberty so is granted. Let their names be deleted from the array of

respondents in this appeal.

Issue notice on the remaining two private respondents under

ordinary process and Speed Post for which requisites be filed within one week.

Notice is made returnable on 07.10.2024.

(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.09.10 16:44:46 +05'30'