SUJAN SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition is filed by the original accused to challenge an order dated 06.05.2019 passed by the learned Judicial Magistrate First Class, Agartala, West Tripura in case No.PRC(WP) 1172017.

(2.) Brief sequence of events may be noted:

(3.) Appearing for the petitioner original accused learned counsel Mr. D.J. Saha submitted that in fact of the present case the Magistrate ought not to have exercised the powers for permitting further investigation. These are the very 4(four) witnesses whom the victim wanted to examine for which purpose application for summoning the witness was filed but rejected by the Magistrate. The attempt on the part of the investigating agency to file a supplementary chargesheet including statements of these witnesses which were subsequently recorded was also not permitted by the Magistrate. These orders are brought to a naught by allowing the subsequent application of the investigating agency by the impugned order. He submitted that there are no valid grounds shown why statements of these so called eye witnesses were not previously recorded.