ANANTAHARI JAMATIA, WEST TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioner has prayed that the order dated 18 -12 -2013 passed by the learned Additional Sessions Judge, Khowai, West Tripura in S.T. (WT/K) 08 of 2013 be quashed.

(2.) BRIEFLY stated, the facts of the case are that the petitioner Anantahari Jamatia has been charged with having committed rape and murder of the victim. The two co -accused who are respondents Sri Dipak Tripura and Sri Narayan Ghosh have been charged under section 302 read with section 34 of the Indian Penal Code. The undisputed facts are that initially the investigation of the case was with the State Police. The matter was investigated for about 5/6 months by the State Police and thereafter, the investigation was handed over to the Central Bureau of Investigation (hereinafter referred to as CBI) on the basis of a notification issued by the State of Tripura. On the basis of the request of the State Government, the Central Government authorized the CBI to carry out the investigation and thereafter, CBI carried out the investigation and filed charge -sheet in the case which led to the framing of the charges as aforesaid.

(3.) THE learned trial Court after hearing counsel for the defence as well as the learned Special Public Prosecutor appointed by the CBI passed an order on 01 -07 -2013, relevant portion of which reads as follows: -