Tripura High Court
Sri Mantosh Deb vs The State Of Tripura on 6 August, 2025
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
I.A. No. 1 of 2025 in B.A. No.23 of 2025 (D/O)
Sri Mantosh Deb
----Applicant(s)
Versus
The State of Tripura
[---
----Respondent(s)
_________________________________________________________
For Applicant(s) : Mr. Ratan Datta, Adv.
Mr. Ankan Tilak, Adv.
Mr. Suraj Dhanu, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
________________________________________________________
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
06/08/2025
Learned Counsel, Mr. R. Datta appeared on behalf of the
applicant-accused and filed an application seeking extension of time for
appearance of the accused before the Learned Trial Court on the ground
of his illness. Along with the application one photocopy of medical
prescription issued by Dr. Bijaya Datta is enclosed.
It is orally submitted that the accused is suffering from
chest pain and as such he requires atleast two months time to appear
before the Learned Trial Court in place of 08.08.2025 as ordered by this
Court in B.A. No.23 of 2025.
On the other hand, Learned P.P., Mr. R. Datta appearing on
behalf of the State-respondent opposed the application submitted by
the applicant and submitted that in view of Section 403 of BNSS at this
stage there is no scope to alter the judgment excepting clerical or
arithmetical error. In support of this contention he also referred two
citations of the High Court of Allahabad and the High Court of Jammu &
Kashmir and Ladakh at Srinagar and tried to draw the attention of this
Court that once the judgment is finally passed there is no scope to alter
the same.
Learned Counsel, Mr. R. Datta countering the submission
made by Learned P.P. submitted that the applicant has not submitted
the application for review of the order just only prayed for extension of
time for the purpose of appearance before the Learned Trial Court.
I have also seen the said provision of Section 403 of BNSS.
and the prescription annexed with the application dated 04.08.2025
wherein doctor has advised the applicant to take bed rest for next 7
(seven) days.
The investigation of the case is in progress. Probably
charge-sheet has not yet been submitted. Although Section 403 of
BNSS bars alteration/review of judgment once the judgment is finally
pronounced save and except correction of clerical or arithmetical errors.
However, for the sake of justice and considering the prescription
enclosed with the application, this Court feels that an opportunity be
given to the accused applicant to appear before the Learned Trial Court
on or before 29.08.2025 as there is no adverse prayer from the side of
the prosecution.
With this observation this application stands disposed of.
A copy of this order be furnished to Learned Counsel, Mr. R.
Datta appearing for the applicant.
A copy of this order be supplied to Learned P.P. in course of
the day.
Also a copy of this order be communicated to concerned
Learned Trial Court.
JUDGE
Amrita
AMRITA DEB AMRITA DEB
Date: 2025.08.06
15:01:48 +05'30'
