Saydul Kazi vs The State Of Tripura
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Tripura High Court

Saydul Kazi vs The State Of Tripura on 10 February, 2026

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                        HIGH COURT OF TRIPURA
                              AGARTALA

                             AB No.10 of 2026

1. Saydul Kazi, 29 years,
S/o- Abdul Rahim Kazi,
Resident of Purba Dataram,
Purba Mog Puskarini,
P.S.- R.K. Pur,
PIN- 799013,
Dist.- Gomati Tripura.
2. Abdul Rahim Kazi, 58 years,
S/o.- Habej Miah Kazi,
Resident of Purba Dataram,
Purba Mog Puskarini,
P.S.- R.K. Pur,
PIN- 799013,
Dist.- Gomati Tripura.
3. Md. Raja Miah, 49
S/o.- Ali Akbar,
Resident of Near
Youth Club Chan Ban Rajar Bag,
PIN- 799116,
Dist.- Gomati Tripura.
                                                             ......Petitioner(s).
                               Vs.
The State of Tripura
                                                         ......Respondent(s).

For Petitioner (s) : Mr. Subrata Sarkar, Senior Advocate.

Ms. Megha Sarkar, Advocate.

For Respondent(s) : Mr. Raju Datta, PP.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

Order

10/02/2026

Heard learned counsel of both sides.

Mr. Raju Datta, learned PP before commencement of hearing submits that the instant case has been registered under Section 64(2)(m) of BNS corresponding to Section 376 of IPC, though the age of the victim is less than 16 years and therefore, the case will also attract the provision of

Section 376(3) of IPC corresponding to Section 65(1) of BNS and therefore, under Section 439(1A) of Cr.P.C. corresponding to Section 483(2) of BNSS, the informant is required to be heard.

Mr. Datta, learned PP also relies on a decision of the Hon'ble Supreme Court in case of Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr., (2022) 9 SCC 321, to buttress his submission along with another decision of Hon'ble Supreme Court dated 13.12.2024 passed in Criminal Appeal No.5385 of 2024, between X vs. The State of Uttar Pradesh & Anr. Here the father of the victim is the informant who can represent both himself and the victim herself too. Therefore, learned PP submits that the informant may be added as a party in the proceeding.

Mr. Subrata Sarkar, learned senior counsel has not opposed the submission.

Considering submissions of both sides, it is directed that the informant be made party in this case. The petitioners will submit the detail particulars of the informant to the Registry, who will incorporate the name and address of the informant as newly added respondent No.2 in the cause title of this bail application.

Processes to be submitted by the petitioners within three days.

The Registry will issue notice immediately to respondent No.2 by registered post with A/D after the processes are filed.

Learned PP will produce the CD on the next date.

The interim protection as granted to petitioner No.3 will continue further.

Mr. Sarkar, learned senior counsel has sought for a liberty to submit some documents with an affidavit in this bail application.

Same is also allowed.

List this matter on 19.02.2026.

JUDGE

SUJAY Digitally signed by SUJAY GHOSH

GHOSH 17:19:41 +05'30' Date: 2026.02.11

Dinashree