KASHINATH BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) AS agreed by the learned counsel of both sides, this revision petition is taken up for final disposal at the admission stage itself.

(2.) BY filing the instant application under Section 397 read with Section 401 of the Code of Criminal Procedure (herein after referred to as "the Code")as well as under Article 227 of the Constitution of India, the petitioner has challenged the order of the learned Judicial Magistrate 1st Class, court No. 5, Agartala, West Tripura dated 18. 6. 2008 passed in N. I. Case No. 113 of 2007 whereby and whereunder the learned judicial Magistrate 1st Class rejected the prayer of the present petitioner who is the accused in the aforesaid case No. N 1. 113/ 07, for production of income tax return of the complainant, respondent No. 2 herein, for the assessment, year 2004-05 to 2006-07 and fixed the matter for hearing on the question of maintainability of the case/ proceeding on 21. 6. 2008.

(3.) HEARD Mr. SM Chakraborty, learned senior counsel, assisted by Mr. S. Dutta choudhury, learned counsel for the petitioner and Mr. D. Sarkar, learned Public prosecutor for the respondent No. l, State of tripura as well as Mr. P. K. Biswas, learned counsel appearing for the respondent No. 2, complainant.