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.

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 that on 17.04.2013, his motor bike bearing no. TR-01-P-4618 (Bajaj Discover) was stolen from Abicharan area under P.S. Lefunga. During that time no action was taken by the police. After the lapse of some months, he came to know that the ownership of the motorbike was transferred to one Paritosh Sarkar of East Noabadi. On getting that information, he approached the Transport Department and collected the necessary papers and came to know that the ownership of the motorbike has been transferred by the officials of the Transport Department in favour of Paritosh Sarkar. The informant thereafter lodged the aforesaid ejahar with Lefunga Police Station against the officials of the Transport Department and others involved in the incident.

3. Based on ejahar of the informant, Lefunga P.S. Case No.49 of 2013 was registered under Sections 379 /420/468/471 of I.P.C. and the I.O. proceeded with the investigation of the case. On completion of the investigation, he filed the charge sheet against three accused persons including the present accused petitioner under Section 471 /167 of I.P.C.

4. Thereafter, the case was posted before the learned Judicial Magistrate (1st Class), West Tripura, Agartala, Court No.8 wherein a prayer under Section 239 of Cr.P.C. was filed by the present petitioner herein.

5. Subsequently, after hearing the petition under Section 239 of Cr.P.C., so far the accused-petitioner herein was concerned, by the impugned order dated 20.08.2021, the petition under Section 239 of Cr.P.C. was rejected.

6. Being aggrieved by and dissatisfied with the order dated 20.08.2021, passed by the learned Judicial Magistrate (1st Class), West Tripura, Agartala, the petitioner herein filed a revision petition before the learned Sessions Judge, West Tripura, Agartala. The same was registered as Criminal Revision petition No.11 of 2021 by the judgment and order dated 25.02.2022 passed by the learned Sessions Judge, West Tripura, Agartala. The said Criminal Revision No.11 of 2021 was partially allowed directing the learned Judicial Magistrate 1st Class, West Tripura, Agartala, Court No.8 to frame charges against the petitioner under Section 167 of IPC. By the aforesaid order, the petitioner was however discharged from the liability of the offence under Section 471 of IPC.

7. Aggrieved by the said judgment passed in Criminal Revision No.11 of 2021 by the learned Sessions Judge, West Tripura, Agartala to frame charge against the petitioner under Section 167 of IPC and also the order dated 20.08.2021, passed by the learned Judicial Magistrate, 1st Class, 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, the instant petition is filed praying the fo