STATE OF TRIPURA Vs. BIKASH SINHA

JUDGEMENT

(1.) HEARD Mr. A. Ghosh, learned Addl. PP for the State. None appears for the opposite parties.

(2.) THE present revision petition preferred under Section 397 read with Section 401 of Crpc is directed against the order dated 8. 6. 05 passed by the learned Sessions Judge, West Tripura, Agartala rejecting the application of learned Public Prosecutor (in short called PP) to withdraw from the prosecution in respect of two accused persons out of 27 accused persons chargesheeted in connection with ST 48 (WT/a)/2001.

(3.) IT appears that a memorandum of tripartite settlement amongst the Government of India, Government of Tripura and one section of National Liberation Front of Tripura (in short "nlft") (Kamini-Montu Koloi group) was signed on 15. 4. 04 according to which the Government of India and Government of Tripura have been making concerted efforts to bring about an effective settlement of the problems of the tribals and attempts have been made on a continuing basis to usher in peace and harmony in areas in which disturbed conditions had prevailed for long and, whereas, the NLFT (Kamini-Montu Koloi group) have given a clear indication that they would like to give up the path of armed struggle and would like to resume a normal life and they have decided to abandon the path of violence and sought solutions to their problems within the framework of the Constitution of India and therefore they have responded positively to the appeals made by the Government of India and the Government of Tripura to join the mainstream and to help in the cause of building a prosperous Tripura and whereas on a series of discussions between the parties hereto and based on such discussions it has been mutually agreed by and amongst the parties that the NLFT (Kamini-Montu Koloi group) shall deposit its arms and ammunition ending their underground activities and the Government of Tripura has agreed to provide some economic package, financial benefits and other facilities hereinafter consequent upon such Memorandum of Settlement, the NLFT (Kamini-Montu Koloi group) has undertaken to end all underground activities and to bring out all underground groups with their arms, ammunition and equipment within 15 days of the signing of the Memorandum of Settlement. They have further undertaken to ensure that they do not resort to violence and to help in restoration of amity between different sections of the population. They would also undertake not to extend any support to any other extremist groups by way of training, supply of arms or providing protection of shelter or in any other manner on ten points.