MADHUCHANDA SAHA Vs. MAMATA SAHA

JUDGEMENT

(1.) This petition is filed by the original complainant. She has challenged an order dated 16th November, 2019 passed by the learned Judicial Magistrate 1st Class, Agartala, rejecting her application for directing the police to carry out further investigation.

(2.) Brief facts are as under :

(3.) Appearing for the petitioner learned counsel, Ms. Piyali Chakraborty, submitted that the view taken by the learned Judge is erroneous. The decision in case of Atul Rao (supra) has been overruled by a three-Judge Bench in case of Vinubhai Haribhai Malaviya and Ors v. State of Gujarat and Anr. reported in AIR 2019 SC 5233. She submitted that in the present case the police had seized the CCTV footage which clearly showed the manner in which the alleged incident took place. However such footage was not sent for forensic analysis and in absence of which such electronic evidence would be open to criticism of being not free from tampering.