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2015 DIGILAW 542 (TRI)

Debashri Saha v. State of Tripura

2015-07-16

DEEPAK GUPTA

body2015
ORDER 1. This petition is directed against the order dated 23rd March, 2012 whereby the learned Judicial Magistrate, 2nd Class, Agartala, West Tripura, has rejected the prayer of the complainant (petitioner herein) for further investigation in the case. 2. The undisputed facts are that the complainant filed a complaint on the basis of which PRC Case No. 2 of 2012 was registered against the accused under Sections 341, 325, 354 and 34 of I.P.C. After cognizance of the complaint was taken by the learned Magistrate the complainant filed an application stating that the Investigating Officer had submitted the charge sheet without properly investigating the matter and it is stated that there were two eye witnesses and their statements have not been recorded. These two eye witnesses have been named as Smt. Rita Roy Saha and Smt. Sikha Saha. 3. I have gone through the complaint as well as the statement of the complainant recorded under Section 161 Cr. P.C. and in both of them the names of these two so called eye witnesses are not mentioned. It is, therefore, clear that this is just a means of collecting more evidence and filling up the lacuna in the case which cannot be permitted. Hence the petition is rejected. 4. Send down the LCRs forthwith.