JADU GOPAL DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have extensively heard Mr. P. K. Biswas, the learned counsel for the petitioner and Mr. S. Das, the learned Special Public Prosecutor, assisted by Mr. K. K. Pal, the learned counsel for the respondents.

(2.) The sole question which falls for consideration in this revision petition is wether the learned Sub-Divisional Judicial Magistrate, Belonia, has properly exercised his jurisdiction in allowing the prosecution to withdraw the criminal case i.e. GR No. 390 of 1988 (Belonia PS Case No. 15( 1 )/88) under Sections 148/149/326/114 IPC from prosecution and discharging the respondents No. 2 to 10 from the case.

(3.) The petitioner is the informant/compLalnant of the aforementioned case. According to him, on 13.10.1988 at 11.30 hours, he lodged a written compLalnt to the Officer-in-charge of Manpathar Police Outpost of Belonia stating that on 12.10.1988 at about 1100 hours, Shri Sreedam Paul, ADC Member came to the party office of the CPI(M) at Birchandranagar Market along with his other companions and made provocative speech against the Congress workers and thereafter started indiscriminate firings from their firearms targeting the Congress workers resulting in the death of Congress (I) worker on the spot and serious injury to Shri Narayan Paul. The further case of the petitioner is that shocked and excited by this, the public who were present there tried to approach the police for help but were fired upon by Sridam Paul and his party, which caused serious injuries to Congress workers, Shri Rupen Ghosh (24) and Shri Nirpati Patowary @ Nonai (26). The specific case of the petitioner is that Shri Sridam Paul and other members of his party committed the crime in a preplanned manner and that the names of the persons involved in the crime are (1) Shri Siridam Paul, Member, ADC, (2) Shri Sudhir Debnath of Manu, (3) Shri Sukha Rn Mura Singh, (4) Shri Nitya Hari Mura Sringh, (5) the two security guards of Shri Sridam Paul, (6) Shri Laxman Debnath, (7) Shri Nibaran Das, (8) Shri Parimal Das, (9) Shri Lal Mohan Debnath, (10) Shri Milan Baidhya, (11) Shri Hiralal Debnath, (12) Shri Paritosh Debnath and (13) Shri Mati Lal Bhowmick. According to the petitioner, his compLalnt was forwarded to the Officer-in-charge of Belonia PS, which was received at 1250 hours on 13.10.1988 and the same was treated as the FIR with the registration number referred to earlier. It iis also stated by the petitioner that the case filed by him is a cross/counter-case to Belonia PS Case No. 14(10) /88 under Ss. 148/149/448/323/326/302/436/114 IPC; that both the cases were investigated by the police, which after completion of the investigations, submitted the charge sheets before the Court; that the learned Additional Sessions Judge, South Tripura, thereafter proceeded with the case relating to Belonia PS Case No. 14(10)/88 (GR No. 390/88), framed charges and thereafter tried the same and that both cases being counter cases ought to have been jointly tried to prevent prejudice to the accused persons and that on 20.3.99, the prosecution submitted a certified copy of the order dated 27.10.99 to show that the case had been withdrawn from prosecution by the learned Sub-Divisional Judicial Magistrate/Belonia by the learned Assistant Public Prosecutor with the permission of the learned Sub-Divisional Judicial Magistrate/Belonia. Aggrieved by this, this revision has been filed.