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T. AMARNATH GOUD
Ashes Deb – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. petition to quash prior judgments (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. reliefs requested by the petitioner (Para 7 , 8) |
| 3. arguments for the petitioner's innocence (Para 9 , 10 , 11) |
| 4. evidence against the petitioner (Para 12) |
| 5. court's observations on mens rea and evidence (Para 13 , 14 , 15) |
| 6. discharge related to section 471 ipc (Para 16) |
| 7. dismissal of petition (Para 17 , 18) |
JUDGMENT
1. This is a petition filed under Section 482 of Cr.P.C. to quash and set aside the Judgment dated 25.02.2022 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No.11 of 2021 directing the learned Judicial Magistrate 1st Class, West Tripura, Agartala, Court No.8 to frame charge against the petitioner under Section 167 of IPC and to quash the order dated 20.08.2021 passed by the learned J.M. 1st Class, Court No.8, Agartala, West Tripura in Case No.PRC (WP)1345 of 2013 whereby the learned Court below rejected the prayer for discharge of the petitioner and directed framing of charge.
2. The fact of the case is brief is that one Sri Aneek Choudhury, the informant of this case, lodged an ejahar with the O.C., Lefunga Police Station on 07.12.2013 to the effect t
The court ruled that the power under Section 482 of the Cr.P.C. is not meant to establish innocence but to prevent abuse of legal processes, affirming that all charges must be assessed in trial.
The court upheld the conviction for forgery and conspiracy under IPC sections, emphasizing that the prosecution's evidence sufficiently established the petitioners' involvement in the crimes.
Point of law: Additional charge-sheet, the materials are collected with regard to changing of the vehicle number plate and an attempt made to screening of the evidence and invoked Section 201 of IPC ....
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
The court held that cases arising from a police report and a private complaint regarding the same offence must be tried together under Section 210 of the Cr.P.C.
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