BHUPENDRA TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the order dated 6/4/2001 passed by the learned Sub Divisional Judicial Magistrate, Sabroom in case No. NGR 97/2001 under Section 41(1) of Cr.P.C. and also for quashing the aforesaid proceeding.

(2.) The case leading to the present revision petition maybe summarised as under: According to the revision petition, the petitioner was brought to Manubazar Police Station under South Tripura District for interrogation on 29/3/2001 under arrest and in the plea of interrogation he was physically tortured by the Police and forwarded to the Court of learned Sub-Divisional Judicial Magistrate only on 2/4/2001 showing his arrest on 2/4/2001 though virtually he was detained under Police custody since 29/3/2001. Though there was no specific case registered against the petitioner, the Police without any reason alleged that the petitioner was a corraborator of NLFT (an extremist militant organisation in Tripura). On 24/2001 being moved with a bail petition the learned Sub/Divisional Judicial Magistrate allowed the petitioner to go on bail, but the court imposed a condition to appear before the Officerin charge. Manubazar Police Station once a week until next report. The accused was released accordingly on bail. Thereafter the Officer-incharge, Manubazar Police Station received a requisition from Balkhora Police Station for causing arrest of the petitioner in connection with Balkhora Police Station Case No. 17/87 under sections 364 A/302/201 of IPC and also under section 27 of the Arms Act.

(3.) On receipt of the said requisition, the a IC, Manubazar Police Station filed a petition before the learned S.D.J.M. and the learned SDJM passed an order on 6/4/2001 reminding the 0/C, Manubazar P.S. that he would at liberty to make him arrest at once and shall forward him before the court giving information to 0/C, BKR P.S.T and on 11/4/2001 the learned S.D.J.M. again issued a notice upon the surety of the accused for production of the accused before the court on 30/4/ 2001.