DILIP PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel for the petitioner, and Mr. P. Bhattacharjee, learned Addl. Public Prosecutor for the State of Tripura.

(2.) By filing this application under Sec. 397, read with Sec. 401 of the Code of Criminal Procedure, 1973, the petitioner has challenged the impugned order dated 08.12.2010, passed by the learned Sub-Divisional Judicial Magistrate, Amarpur, South Tripura, in connection with G.R. Case No.68 of 2010, wherein and where under the learned SDJM, Amarpur rejected the prayer of the petitioner for further investigation of the case under Sec. 173(8) Crimial P.C. and also rejected the prayer of the petitioner for allowing to conduct the prosecution by a counsel engaged by the petitioner, in terms of the provision of Sec. 302 Crimial P.C.

(3.) Sans unnecessary details, the nub of the case is that the petitioner lodged a missing entry on 06.05.2010, stating therein that his wife left his house without telling anything to anybody. A missing entry was made, by Birganj P.S. vide G.D.E. 155 dated 06.05.2010.