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CDJ 2026 THC 211 print Preview print Next print
Court : High Court of Tripura
Case No : WP(C) No. 101 of 2026
Judges: THE HONOURABLE DR. JUSTICE T. AMARNATH GOUD
Parties : ShibTara Majumder & Another Versus The State of Tripura, Represented by its Secretary, West Tripura & Others
Appearing Advocates : For the Petitioner: A.L. Saha, K. Nandi, A. Saha, S. Bhaumik, Advocates. For the Respondent: D. Sarma, Additional Government Advocate.
Date of Judgment : 11-05-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 THC 580,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India

2. Catch Words:
- custodial torture
- compensation

3. Summary:
The petitioner filed a writ petition under Article 226 seeking admission of the petition, production of records, and compensation of Rs. 50 lakhs for alleged custodial torture. Counsel alleged false implication in a domestic‑violence case and assault by police while in custody. The Court held that issues of medical evidence and police misconduct are beyond its jurisdiction under Article 226 and must be pursued in a competent forum. Consequently, the petitioner was allowed to withdraw the petition and seek appropriate legal remedies. The petition was dismissed as withdrawn, and any pending applications were ordered closed.

4. Conclusion:
Petition Dismissed
Judgment :-

[1] Heard learned counsel appearing for the respective parties.

[2] This present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

               A. Admit this Writ Petition.

               B. Call for the records including.

               C. After hearing the parties being satisfied direct the respondents to pay compensation of Rs. 50 lakhs for causing custodial torture upon the petitioners.”

[3] When the case is called, Mr. A. L Saha, learned counsel appearing for the petitioner submits before this Court that the petitioner was falsely implicated in a case of domestic violence and during custody in Kendriya Sanshodhanagar, Bishalgarh, the petitioner was severely assaulted by police personnel and thereafter, got bail from the Hon’ble High Court. Thereafter, he prays before this Court to pay compensation for custodial torture.

[4] Upon hearing the submissions of the learned counsel for the petitioner, this Court is of the view that under Article 226 of the constitution, this Court cannot adjudicate the matter involving the questions of medical certificates and also the allegations against the police personnel for misusing their powers. This Court also feels that all these matters need to be established in an appropriate forum.

[5] In view of the same, learned counsel for the petitioner prays before this Court to withdraw this instant petition and also prays to avail remedies as per law .

[6] Accordingly, this Court considers the request.

[7] In terms of the above, this present writ petition stands dismissed as withdrawn with liberty to avail remedy in an appropriate statute as per law.

[8] As a sequel, miscellaneous application(s), pending if any, shall stand closed.
 
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