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2019 Supreme(Tri) 27

ARINDAM LODH
State of Tripura Represented by its Home Secretary – Appellant
Versus
Anupam Paul, S/o Late Kalipada Paul – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K. Bhowmik, Advocate General, Mr. Ratan Datta, Advocate.
For the Respondent:Mr. P. Roy Barman, Advocate, Mr. Samarjit Bhattacharjee, Adv., Mr. Kawsik Nath, Advocate

JUDGMENT :

By way of filing the present petition under Section 482 of the Code of Criminal Procedure, 1973, the State of Tripura, as petitioner, has challenged the order dated 12.07.2019 passed by the Ld. Judicial Magistrate 1st Class (Smt. Chandita Debnath), Court No.7, Agartala, West Tripura, in case No.2019WAWPS029, rejecting the prayer of the prosecution for according permission to arrest the accused, the respondent herein upon addition of non-bailable offences.

2. Shorn of unnecessary details, I propose to discuss the relevant facts, necessary to decide the case.

3. On the basis of an FIR, lodged by one Sunit Sarkar dated 10.05.2019, the Officer-in-Charge of West Agartala Women Police Station had registered a case, bearing No.2019 WAW 029 against the accused-respondent under Section 501 of IPC on the allegation that he had posted provocative malicious defamatory publication and photographs in the social media concerning the Chief Minister and the other leaders of the State.

4. The accused-respondent was arrested by police in New Delhi on 12.06.2019 in connection with another case registered earlier in West Agartala PS Case No.2019/WAG/83 dated 26.04.2019 under Sections 464/469/501

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