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CDJ 2026 THC 197 print Preview print Next print
Court : High Court of Tripura
Case No : Crl.P. No. 67 of 2025
Judges: THE HONOURABLE MR. JUSTICE BISWAJIT PALI
Parties : Shri Dibakar Roy Versus The State of Tripura Represented by the Secretary Department of Home
Appearing Advocates : For the Petitioner: Suman Bhattacharjee, Advocate. For the Respondent: Raju Datta, Public Prosecutor.
Date of Judgment : 06-05-2026
Head Note :-
Comparative Citation:
2026 THC 563,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 482 of Cr.P.C.
- Section 258 of Cr.P.C.

2. Catch Words:
Not mentioned.

3. Summary:
The petitioner‑accused filed a writ under Section 482 of the Cr.P.C. seeking to set aside the order of the Judicial Magistrate and discharge from the pending criminal case. The High Court noted that the charge‑sheet had been filed, the informant had died, and the trial court had proceeded to record evidence despite the informant’s demise. No specific provision was cited by counsel to halt the trial. Observing that only five prosecution witnesses were listed, the Court directed the trial court to complete the trial within three months of receiving the order, or to invoke Section 258 of the Cr.P.C. as appropriate. The writ petition was consequently disposed of, and the record was sent to the trial court.

4. Conclusion:
Petition Dismissed
Judgment :-

01. Challenging the order dated 31.05.2025 passed by Learned J.M. 1st Class, Dharmanagar, North Tripura in connection with case No.PRC (SP) 05 of 2024 the present petitioner-accused by invoking the jurisdiction of the this High Court under Section 482 of Cr.P.C. prayed for setting aside the said order and to discharge the petitioner-accused from the said case.

02. The matter has been heard finally today. At the time of hearing, Learned Counsel for the petitioner-accused drawn the attention of the Court that the said case is pending for disposal before the Learned Trial Court. In that case charge-sheet was submitted and the case was posted for recording of evidence and summons was issued upon the informant but the same returned unserved with report that the informant has been expired. So, Learned Counsel submitted that since the informant has expired, so, nothing survives new for adjudication and other witnesses of the prosecution are seizure list witnesses. But the Learned Trial Court inspite of filing application did not consider the same and proceeded further for recording examination of the rest witnesses.

Learned Counsel at the time of hearing failed to show any legal provision under Cr.P.C. by which the Court could pass appropriate order or this Court can pass appropriate order in this regard. Because according to prosecution, the case was registered on the basis of a police charge-sheet and after concluding the evidence on record of the prosecution it is the Trial Court who is to decide the fate of the case either of acquittal or of conviction of the accused person. If during trial no materials reveals against the petitioner in that case, the petitioner-accused will definitely get the benefit. But till conclusion of trial, there is no scope to give any observation in this regard.

03. In this case, prosecution in total has cited five witnesses. So, considering the number of witnesses cited by I.O. in the charge-sheet, it appears to this Court that the Learned Trial Court may dispose of the case within a short span of time, since the case was registered in the year 2023.

Hence, it is ordered that the Learned Trial Court shall after receipt of the case record call upon the witnesses of the prosecution and conclude the trial within a period of three (03) months from the date of receipt of the copy of this order affording reasonable opportunity to the petitioner-accused.

Alternatively, the Learned Trial Court may apply the provision of Section 258 of Cr.P.C. if the circumstances of the case so requires.

With this observation, this writ petition stands disposed of.

Send down the record to the Learned Trial Court along with a copy of this judgment/order. Also supply a copy of this judgment/order to Learned Counsel for the petitioner-accused.

The petitioner-accused shall appear before the Learned Trial Court on 22.05.2026.

Pending application(s), if any, also stands disposed of.
 
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