SUKHMOTI DEBBARMA, Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
Click here to view full judgement.
SANJAY KAROL,J. -
(1.)The petitioners have prayed for the following reliefs:
(i) Admit the petition.
(ii) Call for the case records from the Ld. Court of Addl. Sessions Judge, Kamalpur, Unokati Tripura, in connection with the case No. S.T(T-1)02 of 2014.
(iii) Notify the respondent.
(iv) After hearing both the sides Your Lordship may be kind enough to set aside/quash the impugned Order of issue of warrant dt.25.09.2018 passed by the Ld. Court of Addl. Sessions Judge, Kamalpur, Unokati, Tripura, in connection with the case No.S.T(T-1)02 of 2014.
(2.)The impugned order dated 25.09.2018 passed in Case No. ST(T-1) 02 of 2014 titled as The State of Tripura Vrs. Sri
Jitendra Debbarma Debbarma & another reads as under:
Ld. Additional P.P Sajal Sil Sharma is present. Accused Jitendra Debbarma and Smt. Sukhamati Debbarma are absent without any step. On previous dates also accused persons were absent without any step.
Immediately issue warrant of arrest against both the accused persons so that their present can be ensured before the Court on the next date. Fix 11.102018 for ER and further necessary order."
(3.)This Court has perused the record of the Trial Court. Record reveals that accused persons were represented by learned
counsel and vide order dated 3.2.2014 passed by the Trial Court,
released on bail. Record reveals that on several dates, accused
persons never appeared in court but their learned counsel moved
an application under Section 317 Cr. P.C which was allowed and
their presence dispensed with. Record further reveals that
accused persons remained absent and their counsel did not take
any steps for moving such an application. Such dates are
26.7.2014, 22.1.2015, 27.4.2015, 23.11.2015, 2.5.2016, 30.5.2016, 10.5.2018, 11.5.2018, 26.7.018 and 29.8.2018.
Copyright © Regent Computronics Pvt.Ltd.