UTPAL CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. H. Sarkar, learned counsel appearing for the respondents No.1, 2 and 4 and Mr. P. Datta, learned counsel appearing for the respondent No.3.

(2.) By means of this writ petition the petitioner has challenged the memorandum dated 31.05.2013 under No.F.7(1053)/DM(D)/ESTT/2012/858-62 [Annexure-4 to the writ petition] whereby similar set of charge vis-a-vis the charge as framed in the criminal prosecution, save and except the article of charge, as reproduced below, was framed:

(3.) Mr. Deb, learned counsel appearing for the petitioner has stated that the charge relating to the mis- appropriation of fund was the charge also in the criminal prosecution which was initiated based on the First Information Report registered as Gandacherra P.S. Case No.34 of 2012 under Section 409 of the IPC. After investigation, the final police report under Section 173(2) of the Cr.P.C was filed and based thereon the charge was framed. On culmination of the trial, by the judgment and order dated 24.11.2016 delivered in GR. 360 of 2012, the petitioner has been acquitted from the said charge. In the said judgment it has been observed by the Sub-Divisional Judicial Magistrate, Gandacherra, Unakoti Judicial District, as he then was, while acquitting the petitioner as follows: