MAHOLAL DEBBARMA AND ORS. Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner, by means of this petition, has sought quashing of the criminal proceedings in Case No. P.R.C 69 of 2011 i.e. arising out of Takarjala PS case No. 5 of 2011.

(2.) Briefly stated, the story of the prosecution is that on 26.02.2011, Sri Prabir Debbarma, SI of Takarjala Police Station along with other staff was performing law and order duty in front of Jampuijala BDO Office as there was some counting of votes going on. It was alleged that an agitated mob armed with deadly weapons, such as lathis, daos etc. came to the spot with the intention of causing injuries to the civilian and police public servants, who were engaged in performing their duties. The mob could not be controlled and the members of the mob assaulted and prevented the OfficerIn-Charge of the police and other security personnel from discharging their duties. The said police officials had to resort to open fire to save their lives and the property of the State. Later, the mob dispersed and the position was brought under control. One police officer, Sri Shyamal Debbarma received grievous injuries and was sent to the hospital. This is the gist of the case and Sri Prabir Debbarma, S.I. and Officer-in-Charge of the Jampuijala Outpost lodged the FIR No.03 of 2011 at P.S. Takarjala and on the basis of this FIR, investigation was done and charge sheet has been filed under Sections 148/149/333/353/326/307/427 of IPC.

(3.) With regard to the same incident, another complaint was filed by Smt. Kajal Debbarma. This FIR was filed on 28.02.2011 and in this also it is stated that when the results of the village election were being announced, then the mob attacked the Block Office with deadly weapons and some of the members of the mob attacked the complainants. In this, names of some of the members of the mob have been given.