MOUSUMI ACHARJEE Vs. AJIT ACHARJEE
HIGH COURT TRIPURA
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Sanjay Karol, CJ. -
(1.)The petitioner has prayed for the following reliefs:
(i) Admit this petition;
(ii) Issue Notices upon the Respondents;
(iii) Call for the relevant record bearing Case No. Special (POCSO) 55 of 2017 from the Ld. Court of Special Judge, Agartala;
(iv) Hear both the parties;
(v) After hearing both the parties, your Lordships would be kind enough to quash the impugned order dtd. 2/2/2019, passed by the Ld. Special Judge, Agartala in case No. Special (POCSO) 55 of 2017,
(vi) Your Lordships also be kind enough to pass order allowing further investigation of the West Agartala Women PS Case No. 80 of 2017 Under Secs. 376(1) and (2)/506 of Indian Penal Code and Sec. 4 of the POCSO Act, 2012, now SPL (POCSO) 55 of 2017, for fair ends of justice,
In the meantime Your Lordships would be kind enough to pass necessary order staying further proceeding of the case No. SPL (POCSO) 55 of 2017, pending before the court of Ld. Special Judge West Tripura, Agartala."
(2.)Learned Public Prosecutor states that dehors and independent of the merits of the matter the Investigator shall carry out further investigation and take appropriate action in accordance with law.
(3.)Sri Sankar Lodh, learned counsel for the respondent No. 1 raises serious objection with regard to such action.
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