ARINDAM LODH,J. -
(1.)It is the stated case of the prosecution that on 05.4.1998, FIR No. 260/1998 was registered against one Ms. Aparna Das at police station West Agartala, and investigated by the Department of Crime (CID), State of Tripura. Though initially investigation was carried out by PW.5, Kshitish Debnath, PW.28, Subrata Chakraborty and PW.4, Subhash Ch. Das but however, on 16.6.1999 the present accused- Manik Lal Majumdar (referred to as the instant accused), who was officiating as the Addl. Superintendent of Police in the very same department, was entrusted with the same. On 30.11.1999 he submitted his Case Diary No.43, indicating that the investigation was closed and the only thing pending was according sanction by the superior authority. Though the prosecution states that there was subsequent investigation but it is a matter of record that on 13.10.2000, the appropriate authority accorded sanction, whereafter on 04.6.2001, the instant accused submitted a summary report which also was approved by the authority on 20.6.2001.
(2.)Prosecution alleges that despite completion of the investigation; sanction to prosecute the accused, Ms. Aparna Das (referred to as the other accused) accorded and approval of the summary report; the instant accused who was having dominion over the said file, did not submit the final report (charge sheet-challan) or sent the police docket, judicial documents, seized alamat (documents) along with the summary report. Apparently, this was so done for the reason that the instant accused had conspired with the other accused named in the said FIR, and as such by concealing the record, committed an act of criminal breach of trust. The accused also did not respond to the reminders dated 12.2.2004 (Exbt.A) and 1.10.2008 (Exbt.8) sent by the then Superintendent of Police, PW.20, Biswanath Debbarma and PW.8, Soumitra Dhar.
(3.)Also various acts of malfeasance and misfeasance of the present accused were examined by the department and two reports dated 11.9.2008 (Exbt.8) and 25.4.2009 (Page-324 of the Paper Book) prepared by Anjan Chakraborty (not examined) and PW.32, Sanjoy Roy respectively, placed before the appropriate authority. The matter was then entrusted to PW.4, Subhash Ch. Das for it to be taken to its logical end. Prima facie finding the acts of present accused to be criminal in nature, on 29.6.2009, FIR No.134 of 2009 (hereinafter referred to as the instant FIR) was registered against him at police station West Agartala, under the provisions of Section 409/201 IPC and Section 13(2) of the Prevention of Corruption Act, 1988 (for short, PC Act).