SHRI ARJUN MAJUMDER, S/O LT. SUBAL MAJUMDER, RESIDENT OF CAPTAIN CHATTERJEE COLONY, CHHACHRIMAI, P.S.- BISHALGARH, DISTRICT - WEST TRIPURA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Addl. Public Prosecutor representing State -respondent.

(2.) THIS petition has been filed under Section 397 read with Section 401 of the Criminal Procedure Code,1973 against the order dated 05.11.2003 as passed by the learned Chief Judicial Magistrate, West Tripura, Agartala, in Misc.137/2003.

(3.) MR . Sarkar, learned counsel appearing for the petitioner submits that the petitioner had no knowledge that the Final Report as submitted by the Investigating Officer on 22.07.1999 was accepted by the order dated 20.08.1999. When he gathered knowledge about the said development, he, without any delay submitted a protest petition in the court of the learned Chief Judicial Magistrate, West Tripura, Agartala, on 23.08.2003, stating inter alia that the police had given the purported report without investigating the case properly and also submitted the final form without appending the necessary statements and documents as per law. Apart that, he submitted with vehemence that the order dated 20.08.1999 was passed without any notice to him. After hearing the said petition, the learned Chief Judicial Magistrate, West Tripura, Agartala, passed the impugned order, dated 05.11.2003, which is extracted hereunder :