Decided on January 10,2019



SANJAY KAROL,J. - (1.)The petitioner has prayed for the following reliefs:
(i) Issue notice upon the respondents;

(ii) Call for relevant records relating to case no.PRC(WP)819/2014 pending in the court of Mrs. M. Das, J. M 1st Class, Agartala, West Tripura, Court No.5.

(iii) And after hearing the parties be pleased to set aside the order dated 23.05.2018 passed by Mrs. M. Das, J.M, 1st Class, Agartala, West Tripura, Court no.5 in case no. PRC (WP) 819/2014 whereby the charge was framed under section 409 , 468 of IPC against the accused Sri Subratr Chakraborty.

(iv) Further be pleased to set aside the FIR in connection with NCC P.S Case No.75/2014 under section 466,467,477(A)/120-B of IPC and also the charge sheet vide no.26/2015 dated 29.07.2015.

(v) In the Interim be pleased to stay the further proceedings in connection with case no. PRC (WP) 819/2014 pending in the court of J.M, 1st Class, Agartala, West Tripura, Court no.5.

(2.)The impugned dated 23.5.2018 reads as under:
"23.05.2018 Ld. APP Mr. Animesh Bhowmik is present. Accused person namely Subrata Chakraborty on bail is present along with Ld. Counsel Mr. Arindam Roy Choudhury.

Today was fixed for framing of charge. Formal Charge is framed in separate sheets of paper U/Ss 409/468 of IPC against the accused person which is read over and explained to the accused person in Bengali to which he pleaded not guilty and claimed to stand trial.

Ld. APP taking part in the hearing prayed for issuing summons upon the CSPW Sl. No. 1 to 8. Considered. Issue fresh summons upon CSPW Sl. No. 1 to 8 as per following calendar. Fix 16.08.2018 for CSPW Sl. No.1 and 2. Fix 17.08.2018 for CSPW Sl. No.3 and 5. Fix 18.08.2018 for CSPW Sl. No.6 and 8."

(3.)The actual order of framing of charge has not been placed on record. Be that as it may, petitioner lays challenge to the said order on the ground that he is an innocent person and that the money stood erroneously transferred into his bank account and that he has got nothing to do with such transfer. Also realizing that the money did not belong to him, he wrote to the bank.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.