KISHOR MAJUMDER & ANR. Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioners namely, Kishore Majumder and Surjya Kanta Majumder filed this criminal petition under Section 482 of the Code of Criminal Procedure, 1973, the Cr.P.C. in short, for quashing the prayer dated 07.01.2013 (Annexure P-4 to this petition) as pressed by the Investigating Officer in Airport P.S. Case No. 117 of 2012 registered under Section 365/34 with added Section 302 of the IPC for cancellation of the bail as granted to the petitioners by the order dated 21.12.2012 in AB No. 245 of 2012 by this Court and for setting aside the orders dated 16.10.2013 (Annexure P-3 to this petition), 22.01.2013 (Annexure P-6 to this petition) and 27.1.2013 (Annexure P-7 to this petition) by the Chief Judicial Magistrate, West Tripura, Agartala. A written ejahar was lodged by one Samir Dutta on 06.12.2012 to the Officer-in-charge, Airport Police Station alleging amongst other things that from 02.12.2012 his son namely Bapi Dutta was missing when he went out with his auto rickshaw on hire from his house situated at Narsingarh. Later on even if the auto rickshaw was found in a place under Bodhjungnagar police station but his son was not recovered. The complainant suspected involvement of the petitioners in the said abduction of his son. On the written ejahar as stated, Airport P.S. Case No. 117 of 2012 was initially registered under Section 365 of 34 of the Indian Penal Code, the IPC in short. On apprehension of arrest in connection with the said Airport police station case, the petitioners approached the Sessions Judge, West Tripura, Agartala for pre arrest bail, but the Sessions Judge refused to extend the said benefit to the petitioners. Thereafter, they had approached this Court for having the benefit of the pre arrest bail contending that for the previous enmity they have been falsely framed in the said Airport police station case. Having considered the materials collected till 21.12.2012, this Court allowed the petitioners the benefit of pre arrest bail by the order dated 21.12.2012 with the conditions as extracted hereunder:

(2.) On 18.01.2013 the Chief Judicial Magistrate, West Tripura, Agartala could not pass any order for the interim order dated 18.01.2013 as passed by this Court in Crl. Pet. No. 03 of 2013 along with Crl. (M) Appl. No. 20 of 2013 whereby it was directed not to take any coercive measure till the matter was place before the appropriate bench and the due order was passed. But on 22.01.2013 the Chief Judicial Magistrate, West Tripura, Agartala passed the order as the said Crl. Pet. No. 3 of 2013 was disposed of as not pressed and the copy of the order was placed in the record. By the order dated 22.01.2013 the Investigating Officer was again asked to produce the case diary on 27.01.2013. It would be apparent from the order dated 22.01.2013, the Chief Judicial Magistrate heard the counsel for the accused- petitioners at length and the concluding part of that order dated 22.01.2013 runs as under:

(3.) Accordingly, on 27.01.2013 an elaborate order was passed by the Chief Judicial Magistrate, West Tripura, Agartala which is available as Annexure P-7 to this petition. The Chief Judicial Magistrate cancelled the bail as granted to the accused petitioners, which reads as under: