BINOY DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This petition by the accused is directed against the order dated 22nd February, 2016 whereby, the learned trial Court rejected the application filed by the accused to summon a witness Ms. Bulti Debnath, former Judicial Magistrate and also to recall the Investigating Officer.

(2.) Copy of the application filed was not attached with this petition. When this Court insisted that this copy be made available, Mr. Deb, learned counsel has produced this application before this Court and according to Mr. Deb, this application was filed in the month of February, 2016 and has been decided on 22nd February, 2016.

(3.) In the application, it is stated that a new counsel Mr. Deb was engaged on 18th February, 2016 and after receiving the brief on proper scrutiny he realized that one Judicial Officer Smt. Bulti Debnath, who had recorded the statement of the victim under Sec. 164 Cr.P.C. had not been examined by the Hon'ble Court. He also find that the statement had not been exhibited and only the signatures of the victim had been exhibited. Therefore, a prayer was made that the Judicial Officer be called as a witness.