SUBIR DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. P.P. appearing for the respondent-State.

(2.) On the last occasion i.e on 12/8/2022, when the case was called, the learned Addl. P.P. has sought for an adjournment to get instructions from the Police Department and at his request, the matter has been adjourned to inform the concerned officers regarding the pendency of this matter. The counsel for the petitioner has submitted that in the meanwhile, the petitioner would be arrested and sought for protection till next date of hearing. This Court however with an assurance from the learned Addl. P.P. that nothing would happen has adjourned the matter to today i.e. 16/8/2022. Despite, such instruction and the learned Addl. P.P. has sensitized the Police Department, it is reported before this Court by the learned counsel appearing for the petitioner that, the concerned officers have arrested the petitioner herein this morning at around 9.00 A.M. It is nothing else but amounts to the abuse of the process of this Court when the matter is subjudice and at the request of the learned Addl. P.P., the matter is adjourned. Hence the concerned Superintendent of the Police along with the concerned investigating officer is directed to be present personally to submit their explanation at 10.15 A.M. on 17/8/2022 at the chamber of the Judge, Court No.2, High Court of Tripura.

(3.) Whenever any citizen will be arrested illegally, Article 21 of the Constitution of India will protect the right of the citizen. Hence, the investigating officer is directed to release the petitioner at once un-conditionally and submit compliance report by today evening (16/8/2022) on or before 5'O clock in the office of the learned Public Prosecutor.