TANUSREE DATTA (DEB) Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Tanusree Datta (Deb)
STATE OF TRIPURA
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Sanjay Karol, CJ. -
(1.)As per office report, all of the respondents stand served. There is no appearance on behalf of respondents No.5, 9, 11, 12, 13, 14 and 22. Today also, despite repeated calls, none has entered appearance on their behalf. As such, case will proceed ex parte against those respondents.
The petitioners have prayed for the following reliefs:
"(i) Admit this petition;
(ii) Issue notice upon all the respondents;
(iii) Call for the relevant records from the custody of the respondents;
(iv) And after hearing the parties be pleased to direct the respondent Nos.2, 3, 4, 7, 15, 16, 17, 18, 19 and 20 to appoint a senior, experienced and impartial officer having good reputation to investigate the aforementioned two cases vide no. East Agartala Women P.S.2017/WEA/082 u/s 419, 34 IPC dtd. 2/11/2017, filed by Smti. Tanusree Datta (Deb) and Case No.West Agartala Women P.S. Case No.2016/WAW/76 dtd. 19/9/2016 u/s 342, 313, 506, 34 IPC, lodged by Sri Mridul Kumar Deb;
(v) Pass an order to hand over the child namely "Master Joy" who is at present under the custody of Sishu Griha, (SAA), Minister Quarter Lane, Agartala to the Petitioners as they are the biological parents;
(vi) Further be pleased to impose exemplary penalty upon officers and other respondents who are involved with the conspiracy along with prescribed punishment to those persons by registering specific case against them;
(vii) In the interim be pleased to direct the authority of Sishu Griha, Agartala to take proper care of the baby i.e. Master Joy who is in their custody and also not to take any process of handing over the baby in adoption to any person till the disposal of the instant writ petition;
(viii) To pass any other order/orders as Your Lordship may deem fit and proper."
(2.)After the matter was heard for some time, learned counsel for the appearing parties jointly pray for passing of the following agreed order:
(a) Investigation of cases No. East Agartala Women P.S.2017/WEA/082 u/s 419, 34 IPC dtd. 2/11/2017, filed by Smti. Tanusree Datta (Deb) and West Agartala Women P.S. Case No.2016/WAW/76 dtd. 19/9/2016 u/s 342, 313, 506, 34 IPC, lodged by Sri Mridul Kumar Deb shall be carried out afresh by an officer not below the rank of Deputy Superintendent of Police of the concerned/other police district;
(b) An endeavour shall be made to have the investigation completed at the earliest;
(c) Appearing parties undertake to fully cooperate;
(d) In any event, it is the duty of each of the stakeholders/ persons engaged in the investigation or involved in the crime to fully cooperate;
(e) Such investigation shall positively be completed within a period of 9(nine) months;
(f) Liberty reserved to any one of the parties to take recourse of such remedies as are otherwise available in accordance with law, either during the course of investigation or with the completion thereof;
(g) Insofar as prayer no.(iv) is concerned, learned counsel for the petitioners does not press the same at this point in time, reserving liberty to approach this Court on the same and subsequent cause of action, if so required and desired subsequently, or take recourse of such remedies as are otherwise available in accordance with law.
(3.)In view of above terms, present petition stands disposed of.
Pending application(s), if any, also stands disposed of.
Registry is directed to supply a copy of this order to learned Public Prosecutor, who in turn undertakes to communicate the same to the concerned authorities for taking appropriate action.
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