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2021 Supreme(Tri) 49

S.G.CHATTOPADHYAY
Nimai Roy, Son of Late Kshirod Mohar Roy – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Acharjee, Adv.
For the Respondent: Mr. P. Roy Barman, Sr. Adv. Mr. S. Bhattacharjee, Adv. Mr. K. Nath, Adv., Ms. A. Debbarma, Adv., Ms. N. Ghosh, Adv., Mr. S. Ghosh, Addl. P.P.

JUDGMENT :

By means of filing this criminal revision petition under section 401 read with section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder). Petitioner Nimai Roy has challenged the judgment and order dated 09.02.2021 passed by the Additional Sessions Judge, West Tripura, Agartala (Court No.2) in Criminal Revision 02 of 2019 whereby the learned Additional Sessions Judge has set aside the order dated 26.11.2018 passed by the Judicial Magistrate First Class (Court No.7), Agartala in CR No. 299 of 2017.

[2] By his order dated 26.11.2018, the learned Judicial Magistrate dismissed the complaint lodged by Smt. Banani Sarkar (respondent No.2 herein) against the present petitioner and discharged him from the case on the ground that court lacked territorial jurisdiction to try the case since the place of occurrence was beyond the territorial limits of its jurisdiction. Said order was challenged by Smt. Banani Sarkar (respondent No.2) in the court of Additional Sessions Judge (Court No.2) at Agartala. By the impugned judgment, the Additional Sessions Judge held that findings of the trail court were incorrect because part of the occurrence took place within the limits of ter

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