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2010 Supreme(Gau) 271

AMITAVA ROY, MAIBAM B.K.SINGH
Chandrapati Debbarma – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S. Deb and S.B. Debnath, Advs.
For Respondents/Defendant: T.D. Majumder, Adv.

JUDGMENT

Maibam B.K. Singh, J.

1. Heard Mr. S. Deb, learned senior counsel assisted by Mr. S.B. Debnath, learned Counsel appearing on behalf of the Appellant and Mr. T.D. Majumder, learned Counsel appearing on behalf of the Respondents.

2. This appeal is directed against the order dated 8.4.2002 passed by the learned Single Judge in WP(C) No. 157 of 2002 dismissing, in limine, the writ petition flied by the present Appellant. The writ petition was flied alleging to the effect that her son, Bijoy Debbarma, was killed by personnel of the TSR while he was in their custody and praying mainly for directing the Respondents to pay a sum of Rs. 5 lakh as compensation to her in that regard.

2.1. In the opinion of the learned Single Judge, there was nothing to show that the death of tie said Bijoy Debbarma was due to torture or otherwise on the pat of the TSR personnel. Further, the learned Single judge considered to the effect that at that at that stage, no direction could be issued for any enquiry in the matter because that might interfere with the investigation of the FIR Case which had been registered on the basis of a report having been lodged by one N.K. Subedar Prantosh Das, Post, I.C. of



































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