Decided on August 05,2022

Ashes Deb Appellant


T.AMARNATH GOUD,J. - (1.)This is a petition filed under Sec. 482 of Cr.P.C. to quash and set aside the Judgment dtd. 25/2/2022 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No.11 of 2021 directing the learned Judicial Magistrate 1st Class, West Tripura, Agartala, Court No.8 to frame charge against the petitioner under Sec. 167 of IPC and to quash the order dtd. 20/8/2021 passed by the learned J.M. 1st Class, Court No.8, Agartala, West Tripura in Case No.PRC (WP)1345 of 2013 whereby the learned Court below rejected the prayer for discharge of the petitioner and directed framing of charge.
(2.)The fact of the case is brief is that one Sri Aneek Choudhury, the informant of this case, lodged an ejahar with the O.C., Lefunga Police Station on 7/12/2013 to the effect that on 17/4/2013, his motor bike bearing no. TR-01-P-4618 (Bajaj Discover) was stolen from Abicharan area under P.S. Lefunga. During that time no action was taken by the police. After the lapse of some months, he came to know that the ownership of the motorbike was transferred to one Paritosh Sarkar of East Noabadi. On getting that information, he approached the Transport Department and collected the necessary papers and came to know that the ownership of the motorbike has been transferred by the officials of the Transport Department in favour of Paritosh Sarkar. The informant thereafter lodged the aforesaid ejahar with Lefunga Police Station against the officials of the Transport Department and others involved in the incident.
(3.)Based on ejahar of the informant, Lefunga P.S. Case No.49 of 2013 was registered under Ss. 379/420/468/471 of I.P.C. and the I.O. proceeded with the investigation of the case. On completion of the investigation, he filed the charge sheet against three accused persons including the present accused petitioner under Sec. 471/167 of I.P.C.

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