The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. S. Kar Bhowmik, learned senior counsel assisted by Mr. A. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. P.K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel and Mr. S. Ghosh, learned Addl. P.P. appearing for the respondents.

2. This Criminal Petition has been filed under Section-482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), read with Article-226 of the Constitution of India to quash the orders dated 04.08.2021 (Annexure-10) and 20.08.2021 (Annexure-11) passed by the learned Additional Sessions Judge, West Tripura, Agartala, Court No. 5.

3. The facts which set the criminal law in motion, in short, are that on 07.06.2019, the father of the petitioner namely, Alok Banik lodged a written ejahar to the O.C. Amtali P.S. to the effect that three months prior to the lodging of FIR, on 13.03.2019 his daughter, the petitioner herein was married with Dr. Satyajit Das, respondent No. 2. After the marriage, the respondent No. 3 i.e. the mother-in-law started torturing her in various ways. On 06.06.2019, the torture became unbearable for her and the family members of her in-laws attempted to murder her by administering excess medicine at around 9.00 pm. The family members tried to destroy the original fact and informed them on 07.06.2019 around 9.00 am that she was suffering from food poisoning. The son in law did not attend his wife for better treatment from which it was clear that he was also involved with the matter. The daughter of the informant was lying admitted in ICU of TMC Hospital, Hapania.

4. Based on the aforesaid written complaint, Amtali P.S. Case No. 2019/AMT/085 dated 07.06.2019 under Sections-498(A)/307/201/34 of IPC was registered against the respondent No. 2 and his mother, the respondent No. 3 and thereafter the investigation was commenced. Subsequently, after completion of investigation, charge-sheet No. 107/2019 dated 30.08.2019 under Sections-498(A)/307/201/34 was submitted against Dr. Satyajit Das and Smt. Anima Baidya (Das) and the case was re-registered as PRC case No. PRC(WP) 371 of 2019 and transferred to the Court of learned J. M. 1st Class, West Tripura, Agartala, Court No. 6. Thereafter, vide order dated 15.02.2019, cognizance of offence under Sections-498(A)/307/201/34 of IPC was taken against both the charge sheeted accused persons i.e. the respondents No. 2 and 3.

5. However, being prayed by the petitioner, the Law Department, Govt. of Tripura vide memo dated 19.06.2020 appointed senior advocate, Sri Samrat Kar Bhowmik as Special P.P. to conduct prosecution after the case of the victim is committed to the Court of Sessions, since charge-sheet was filed under Section-498(A)/307/201/34 of IPC. In the meantime, on 18.10.2020, the petitioner executed Vakalatnama favouring learned senior counsel Sri Kar Bhowmik to recover her 'Stridhan'. Pending the petition for stridhan pending on 23.11.2020, the case was committed to the Court of learned Sessions Judge, Agartala, wherefrom the case was transferred to Addl. Sessions Judge, Court No. 5, Agartala. The learned Addl. Sessions Judge vide orders dated 29.01.2021 and 03.04.2021 directed the accused persons to return the Stridhans. Subsequently, vide impugned orders dated 04.08.2021 (Annexure-10) and 20.08.2021 (Annexure-11), the learned Addl. Sessions Judge, Court No. 5, firstly disposed the petition for Stridhan, as the same was triable by the Appellate Court under Section-29 of the D.V.