MADHUCHANDA SAHA Vs. MAMATA SAHA
HIGH COURT TRIPURA
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AKIL KURESHI,J. -
(1.) This petition is filed by the original complainant. She has challenged an order dated 16th November, 2019 passed by the learned Judicial Magistrate 1st Class, Agartala, rejecting her application for directing the police to carry out further investigation.
(2.) Brief facts are as under :
The petitioner had filed a complaint against the respondents No.1 to 6 on 13th November, 2016 before the West Agartala Women Police Station alleging commission of offences punishable under Sections 448, 426, 323 read with Section 120B of IPC. The police filed a charge sheet upon completion of the investigation. The learned Magistrate took cognizance and I am told that charges were also framed and two witnesses were examined, at which stage, the petitioner moved an application dated 6th June, 2019 before the learned Magistrate and prayed that further investigation may be ordered which should be carried out by an impartial and independent agency. This application was dismissed by the impugned order by the learned Judge recording that in view of the judgment of the Supreme Court in case of Atul Rao v. State of Karnataka and Anr. reported in AIR 2017 SC 4021, he does not have power to order further investigation. At this stage, the petitioner filed this petition.
(3.) Appearing for the petitioner learned counsel, Ms. Piyali Chakraborty, submitted that the view taken by the learned Judge is erroneous. The decision in case of Atul Rao (supra) has been overruled by a three-Judge Bench in case of Vinubhai Haribhai Malaviya and Ors v. State of Gujarat and Anr. reported in AIR 2019 SC 5233. She submitted that in the present case the police had seized the CCTV footage which clearly showed the manner in which the alleged incident took place. However such footage was not sent for forensic analysis and in absence of which such electronic evidence would be open to criticism of being not free from tampering.;
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