[Cites 5, Cited by 0]
Tripura High Court
Mafia Khatun vs The State Of Tripura on 13 April, 2026
HIGH COURT OF TRIPURA
AGARTALA
Crl. Petn. No.68 of 2025
Mafia Khatun,
W/O- Sahalam Miah
Of Gajaria, Muslim Para,
Agartala, P.S.- A.D. Nagar,
District- West Tripura.
.... Petitioner(s).
Versus
1. The State of Tripura,
2. Foyzur Rahaman,
S/O- Lt. Mazid Miah.
3. Jiaur Rahaman,
S/O- Foyzur Rahaman.
4. Masuma Khaton,
D/O- Foyzur Rahaman,
All are residents of Gajaria, Muslim Para,
P.S.- A.D. Nagar, West Tripura.
5. The Officer-in-Charge,
A.D. Nagar Police Station,
A.D. Nagar, Agartala,
District- West Tripura.
.......Respondent(s).
For Petitioner(s) : Mr. Dhiman Gope, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
Mr. Samar Das, Adv.
Date of Hearing &
Delivery of
Judgment and Order : 13.04.2026
Whether fit for
Reporting : YES
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order (Oral)
This petition under Section 482 of Cr.P.C., 1973
corresponding to Section 528 of BNSS, 2023 is filed for
directing the police to submit further investigation report in
connection with A.D. Nagar P.S. Case No.2024/AND/016 under
Sections 341/326/307/34 of IPC, 1860.
Heard Learned Counsel, Mr. D. Gope appearing on
behalf of the petitioner and also heard Learned P.P., Mr. R.
Datta appearing on behalf of the State-respondent. Learned
Counsel, Mr. S. Das appears on behalf of the respondent
accused persons.
02. The case of the petitioner in short is that on
08.11.2023 at about 5.00 pm the petitioner's husband
Sahalam Miah was proceeding towards camper bazaar and
when he reached near the house of accused No.1 namely,
Foyzur Rahaman that time said Foyzur Rahaman restrained
petitioner's husband and started abusing her husband using
filthy languages. The petitioner's husband tried to protest, that
time the accused person No.1 started assaulting petitioner's
husband by giving fist & blows & kicks, then the son of the
accused person No.2 namely Jiaur Rahaman and the daughter
of the accused person No.2 namely Masuma Khaton i.e.
respondent accused persons No.3 & 4 came there. The
respondent accused Jiaur Rahaman caught holds petitioner's
husband and the accused person Foyzur Rahaman assaulted
her husband by a sharp cutting weapon with intent to kill her
husband. On hearing hue and cry of the petitioner's husband,
her son namely, Badal Miah rushed there to save petitioner's
husband when her son was also assaulted by the respondent
Nos.2 and 3. Due to that petitioner's husband got injured and
later on treated at AGMC & GBP Hospital, Agartala, West
Tripura.
03. After the incident the petitioner went to A.D. Nagar
P.S. to lodge an FIR against the accused persons regarding the
above incident but no case was registered by police. After that
the petitioner forwarded the FIR to Superintendent of Police,
West Tripura for investigation through Registered Post on
11.11.2023 but inspite of that no action was taken. Finding no
other alternative the petitioner filed a complaint to the Court of
Learned CJM, West Tripura, Agartala which was registered as
Case No.C.R. Misc.134 of 2023 and vide order dated
01.12.2023 Learned CJM directed the police authority to
register a specific case treating the complaint petition as an
FIR. Accordingly, a case has been registered vide A.D. Nagar
P.S. Case No.2024/AND/016 under Sections 341/326/307/34
of IPC, 1860 dated 10.04.2024 and the I/O started
investigation.
04. It was further submitted that police did not take any
action on the complaint of the petitioner as the accused person
No.1 is a Chairperson of Minority Committee and he is an
influential person of the society. It was further submitted that,
due to influence, the Police authority of A.D. Nagar P.S.
received the FIR filed by the son of the respondent accused
No.2 namely Arifur Rahaman and a false case against
petitioner's son and her husband which has been registered
immediately vide A.D. Nagar P.S. Case No.2023ADN063 under
Sections 326/307/34 of IPC and the I/O started the
investigation.
05. It was further submitted that the I/O after
completion of investigation of A.D. Nagar P.S. Case
No.2024/ADN/016 under Sections 341/326/307/34 of IPC
submitted a final report vide No.FR(T) 03 of 2024 on
30.06.2024 to the Court of Learned CJM, Agartala, West
Tripura. Being aggrieved by the report of I/O the petitioner
filed an objection before the Learned Trial Court and prayed for
further investigation and the Learned Trial Court vide order
dated 12.08.2025 directed O/C, A.D. Nagar P.S. for further
investigation of the case. But inspite of order for further
investigation no progress has been laid by I/O in this regard.
So Learned Counsel urged before the Court to direct I/O to
submit report.
06. At the time of hearing, Learned Counsel for the
petitioner fairly submitted that the respondent accused persons
are so influential and powerful that they could manage the
police authority to submit report in their favour. But the
petitioner party is rustic village people and inspite of their
repeated approach the I/O is reluctant to investigate the case
properly and inspite of specific direction of the Court the I/O is
not showing any interest to submit report within time and as
such Learned Counsel urged before the Court to give a specific
direction.
07. On the other hand, Learned P.P., Mr. R. Datta
appeared on behalf of the State-respondent and submitted that
the investigation of the case is going on. The I/O is conducting
the case properly. So a reasonable opportunity be given to the
I/O to investigate the case and to submit report and there was
no locus standi for the petitioner to file such petition.
08. Learned Counsel, Mr. Samar Das appearing on
behalf of the respondent accused persons submitted that
during initial investigation the I/O could not find any material
that is why final report was submitted for want of evidence all
though Learned Trial Court directed for further investigation by
order dated 12.08.2025. As ordered at the time of hearing,
Learned P.P. produced the Case Diary.
09. The order for further investigation was passed by
Learned Trial Court on 12.08.2025. By this time, the I/O has
come across certain stages and recorded the statements of
some of the witnesses who are conversant with the facts and
circumstances of the case and in Para Nos.8, 9 and 10 of the
affidavit, the State-respondent have also taken the same plea.
10. It is the settled position of criminal law that it is the
absolute prerogative of the I/O to investigate any case in
accordance with law. Here the role of the Court is very limited.
The Court cannot direct the I/O to complete the investigation
within a specific time fixing any particular date. But at the
same time, it is also true that the victim/litigant should get
equitable relief. Since the Learned Trial Court has directed the
I/O to further investigate the matter so it is desired that the
I/O should conduct the further investigation considering all the
facts and circumstances of the case and also to examine the
relevant witnesses, so that the petitioner's grievance is duly
addressed.
11. Learned P.P., Mr. R. Datta in course of hearing
submitted before this Court that a reasonable opportunity
should be given to the I/O to investigate the case so without
issuing any specific direction it is ordered that the I/O shall
complete the further investigation at an earliest convenience.
So, that the grievance of the victim/petitioner is duly
addressed and I/O shall place factual picture before the
Learned Trial Court within a reasonable period preferably
within a period of 4 (four) months from the date of receipt of
the copy of this order.
With this observation, this present petition stands
disposed of.
Send down the record to the Learned Trial Court
along with a copy of this order.
Also a copy of this order be forwarded to I/O
through Learned P.P. for information and necessary
compliance.
Pending application/s, if any, also stands disposed
of.
JUDGE
Amrita
AMRITA Digitally signed by
AMRITA DEB
DEB Date: 2026.04.13
19:02:15 +05'30'
