MILAN CHANDRA KAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Being aggrieved by the action of the police, the petitioner has filed this petition under Article 226 of Constitution of India urging direction on the respondents to keep complaints of the petitioner dtd. 13/9/2020 (Annexure-1 to the writ petition) and dtd. 20/8/2021 (Annexure-6 to the writ petition) filed before Officer in Charge of RK Pur police station (reproduced with accuracy). In short, non registration of the FIR on the basis of the said complaint has aggrieved the petitioner.

(2.) According to the petitioner, the said complaint clearly discloses cognizable offence and despite that position, no case was registered against the accused persons. The police, without registering a case for commission of the offence as disclosed by the said complaint (Annexure-1 to the writ petition), entered the substance of the said complaint in the station diary vide RK Pur Police Station GDE No. 22 dtd. 20/8/2021 and thereafter, the police submitted a prosecution report (PR, for short) vide No. RK Pur PS PR No. 197 dtd. 03/09/2021 under Sec. 107 of the Cr.P.C. According to the petitioner, the said act is not only unfair on the part of the police but an act in defiance of the mandate of the statute.

(3.) In the complaint (Annexure-1 to the writ petition), it has been disclosed that when the petitioner created the tenancy for rent, the accused person, (not impleaded) raided that place with a lathi in his hand. The accused person demanded a sum of Rs.50,000.00 from the complainant and threatened that the complainant shall not construct any hut over the land pertaining to Plot No. 752/3666 recorded in Khatian No. 2044 of Mouja Rajarbag measuring .08 acre.