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2015 Supreme(Tri) 491

DEEPAK GUPTA
Ayemeli Debnath – Appellant
Versus
Nabarun Debnath – Respondent


.Advocate Appeared:
For the Petitioner:Mr. P. Saha & Mr. B. Majumder, Advocates.
For the Respondent: Mr. A. Ghosh, P.P.

ORDER

1. This criminal petition is directed against the judgment dated 26.03.2015 passed by the Additional Sessions Judge, Court No. 2, West Tripura, Agartala whereby he allowed the revision petition filed by the respondents herein who are the accused before the trial Court and set aside the order of the Judicial Magistrate, First Class, Agartala dated 30.05.2014 whereby he had permitted the police to further investigate the matter.

2. Briefly stated the facts are that a complaint was made by the petitioner-wife that she had been treated with cruelty by her husband and his family members and therefore, an offence under Section 498A had been committed by all of them. On the basis of the complaint charge sheet under Section 498A read with Section 34 IPC was filed against the accused. The trial started and four witnesses were examined. Thereafter it appears that some efforts were made to get the matter mutually settled between the parties. After the settlement failed, the Officer-in-charge of the West Agartala Women Police Station filed an application which reads as follows:

“In the Court of

Ld. Chief Judicial Magistrate,

West Tripura, Agartala.

Reference : West Agartala P.S Case No.























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