BIJAY SANKAR SAHA Vs. STATE OF TRIPURA; RUPAK BARMAN; KANAI DEB

JUDGEMENT

(1.) An important issue arises in this case as to how private complaints filed by the complainants should be dealt with by the criminal Courts.

(2.) The brief facts leading to the present petition are that the petitioner Shri Bijay Sankar Saha alleged that he was an executive committee member of the Tripura Truck Owners Syndicate and according to him the accused persons Rupak Barman and Kanai Deb were also members of the executive committee and assumed office of Secretary and Treasurer of the Syndicate respectively. The petitioner has leveled serious allegations against these accused persons alleging that they have misappropriated the funds of the Syndicate etc. I am not dealing with allegations in detail because it would not be appropriate to express any opinion on the merits of the case. However, basically, the allegations were that the accused have committed offences of corruption, malpractice, criminal misappropriation, defalcation and misused their authority and also misused the funds of the Syndicate.

(3.) This complaint was filed on 07.03.2006 and was transferred to the file of the Additional Chief Judicial Magistrate, West Tripura, who took up the matter on 08.03.2006 and passed the following order:-