AYEMELI DEBNATH Vs. NABARUN DEBNATH AND ORS.

JUDGEMENT

(1.) This criminal petition is directed against the judgment dated 26.03.2015 passed by the Additional Sessions Judge, Court No.2, West Tripura, Agartala whereby he allowed the revision petition filed by the respondents herein who are the accused before the trial Court and set aside the order of the Judicial Magistrate, First Class, Agartala dated 30.05.2014 whereby he had permitted the police to further investigate the matter.

(2.) Briefly stated the facts are that a complaint was made by the petitioner-wife that she had been treated with cruelty by her husband and his family members and therefore, an offence under Section 498A had been committed by all of them. On the basis of the complaint charge sheet under Section 498A read with Section 34 IPC was filed against the accused. The trial started and four witnesses were examined. Thereafter it appears that some efforts were made to get the matter mutually settled between the parties. After the settlement failed, the Officer-in-charge of the West Agartala Women Police Station filed an application which reads as follows:

(3.) This Court is treating this to be an application for further investigation. The learned trial Court allowed this application by a long judgment but without discussing what was the nature of the further investigation to be carried out and what was the fault in the previous investigation. The accused persons filed a revision petition being Criminal Revision Petition No.38 of 2014 before the Sessions Judge and the learned Additional Sessions Judge held that further investigation cannot be ordered and basically his judgment is to the fact that in almost no cases can further investigation being ordered.