HIGH COURT OF TRIPURA

AGARTALA

I.A. 8/2025

In WP(Crl) 3/2014 (D/O)

1. Sri Ajit Kumar Nath, S/O late Kumud Chandra Nath, resident of Subratanagar, Kanchanpur, P.O.+P.S. Kanchanpur, North Tripura, PIN-

799270;

2. Sri Baidyanath Saha Banik, S/O late Banamali Saha Banik, resident of Dharmanagar Rajbari, P.O. Rajbari, P.S. Dharmanagar, Bazar Road, North

Tripura;

3. Sri Gouranga Nath, S/O-Lt. Gokul Chandra Nath, resident of Ward No 2, near Bhagabannagar Madhyamik School, Bhagawannagar, P.O & P.S -

Kailashahar, District - Unakoti Tripura, PIN 799279,

4. Sri Biplob Deb, S/O-Lt. Bakul Deb, resident of Village & P.O - South

Hurua, P.S - Dharmanagar, District - North Tripura,

5. Sri Tapash Mitra, S/O-Lt. Amita Mitra, resident of Halahali Bazar,

Kamalpur, District - Dhalai Tripura, PIN 799286,

6. Sri Pradip Nath @ Bikram, S/O-Lt. Prasunna Kumar Nath, resident of Village - Subratanagar, Kanchanpur, P.O & P.S - Kanchanpur, North

Tripura, PIN 799270

7. Sri Sona Charan Nath, S/O-Lt. Hari Charan Nath, resident of Viilage-

Subhash Nagar, P.O & P.S - Kanchanpur, District -North Tripura

The Applicants

And

In the matter of:

1. Smt. Dipti Das Majumder, W/O-Sri Arjun Chandra Majumder, resident

of Office Lane, Koylarmath, P.O & P.S-R.K Pur, District - Gomati Tripura

2. Sri Arup Kumar Saha, S/O-Lt. Amiya Bhusan Saha, Central Road,

Udaipur, P.O & P.S - R.K Pur, District - Gomati Tripura

3. Sri Gopendra Sharma, S/O-Lt. Gopal Sharma, R/O-Village - Kulai,

Thakurpalli, P.S-Ambassa, District - Dhalai Tripura, PIN 799204

..Writ Petitioners

-:Versus:-

1. The State of Tripura, represented by the Chief Secretary, Govt. of Tripura, having its office at State Secretariat, Capital Complex, Agartala,

West Tripura, PIN 799006

2. The Secretary, Department of Home, Govt. of Tripura, having its office

at State Secretariat, Capital Complex, Agartala, West Tripura - 799006

3. Director General of Police, Govt. of Tripura Police Headquarter,

6. Union of India, Service through the Secretary, Govt. of India, Ministry of Rural Development, having its office at Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi 110001

7. Central Bureau of Investigation (CBI), having its office at Plot No.5.B, CGO Complex, Lodhi Road, New Delhi - 110003

8. The Collector, West Tripura District, Govt. of Tripura, Agartala, P.O -

Agartala, 799001, District - West Tripura

9. The Director of Institutional Finance

10. The Secretary, Ministry of Personnel, Public Grievances and Pension, DOPT, North Block, New Delhi

11. Unique Identification Authority of India, represented by Director, Regional Office, Block V, 1st Floor, Housefed complex, Dispur, Guwahati …Respondents For Appellant(s) : Mr. P. Roy Barman, Sr. Advocate Mr. K. Nath, Advocate For Respondent(s) : Mr. S. Chakraborty, Advocate General Mr. Kohinoor N. Bhattacharjee, GA Mr. R. Saha, Additional PP BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

Order

07/01/2026 Heard learned counsel appearing for the parties.

The writ petition being WP(Crl.) 3 of 2014 was disposed of 03.09.2025, and thereafter due to change in circumstances and in view of the development in the investigation, the Investigating Officer found the following persons, who are petitioners in this Interlocutory Application, are no longer accused persons, but they are treated as witnesses by the prosecution and, the same is reflected in the charge-sheet and also in the Order dated 08.05.2025 of the learned trial Court.

In view of the same, the petitioners are before this Court seeking to modify the Order dated 19.01.2023 passed in WP(Crl) 3 of 2014 since later on a fresh cause of action has arisen which is under challenge in this application wherein the Secretary, Government of Tripura, Finance Department, has issued a gazette notification on 21.07.2025 arraying the petitioners herein as accused persons, in fact it is otherwise, as they were shown as witnesses by the Investigating Officer.

In view of this gazette notification, the petitioners being aggrieved filed the present application s