Sima Roy vs Mithu - 2024 Supreme(Tri) 8

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Tri) 8

T. AMARNATH GOUD
Sima Roy – Appellant
Versus
Mithu – Respondent

Advocates appeared:
Mr. S. Mahajan, Advocate, for the Appellant; Mr. S. Ghosh, Addl.PP., Mr. Ratan Datta, Advocate, Ms. R. Guha, Advocate and Ms. Sudipa Nath, Advocate, for the Respondent

JUDGMENT & ORDER (ORAL)

T. Amarnath Goud, J. - This is a petition under Section 482 of the Criminal Procedure Code, 1973 for quashing the complaint which was filed by the respondents No.1 against the petitioner and respondent No.2 by striking down her name from the complainant filed under section 494, 114 and 34 of the Indian Penal Code, 1860 subsequently registered vide case number CR 72/2022 which pending before the learned Judicial Magistrate, First Class, Court No.5, Agartala, West Tripura pending till 06.03.2024.

2. The brief fact of the case is that the Respondent No. 1 being complainant filed a complaint under section 200 for taking cognizance of an offence under section 494, 114 and 34 of IPC against the petitioner and respondent No. 2. Thereafter, the petitioner went on bail. A case was registered vide number CR 72/2022 and is pending before the Ld. Judicial Magistrate First Class, Court No. 5, Agartala, West Tripura till date. The respondent no. 1 examined herself before the Ld. Trial Court u/s 200 of Cr.P.C. The respondent no. 1 thereafter at the stage of evidence, before charge, examined total four (4) witnesses as CWs. The petitioner filed an application for discharging