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HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
Crl Petn. No.37 of 2024
Sri Suman Roy and Others
.....Petitioners
_V_E_R_S_U_S_
The State of Tripura & Another
.....Respondents
For Petitioner(s) : Mr. S. Bhattacharjee, Advocate.
Mr. S. Noatia, Advocate.
For Respondent(s) : Mr. R. Datta, P.P.
Mr. S. Ghosh, Addl. P.P.
HON’BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_R_D_E_R_
27.09.2024
Heard Mr. S. Bhattacharjee, learned counsel appearing for the
petitioners also heard Mr. R. Datta, learned P.P. and Mr. S. Ghosh, learned Addl.
P.P. appearing for the respondents.
[2] The present petition has been filed under Section-528 of BNSS,
2023 for quashing FIR No.2024 WEA 042 dated 06.08.2024 under Sections-
126(2)/117(2)/109/62/351/3(5) of BNS, 2023.
[3] The facts in brief are that the complainant lodged a complaint inter
alia alleging that the petitioner No. 1 (Son) and other petitioners in the name of
business the petitioners have started mental and physical torture upon her in her
old age. She also alleged that the peoples of the locality are suspecting illicit
relationship of her son (Petitioner No. 1) with other petitioners. She also alleged
that sometime other woman namely Smt. Rumi Dey of Master Para visits her
house and she may be also indulged in illicit relation with her son (Petitioner No.
1). The complainant protested against activities of all the petitioners as a result her
son along with other petitioners threatened in dire consequence.
[4] She also alleged that her son along with 2 other petitioners told her
that they will kill her by pushing down from upper floor. She also alleged that the
petitioners restrained the complainant's maid servant Mani Saha not to cook her
diabetic diet and her son tried to give food from his cooked foods which are very
much harmful for a diabetic patient. Since last one week the petitioners are trying
to kill her. They gave threat to kill her if she does not obey their order. Thus,
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lodged FIR against the petitioners and prayed to take appropriate action as per law
to save her life and house from them. And on the basis of the said complaint the
East Agartala Women P.S. registered a case vide No.2024 WEA 042 dated
06.08.2024 under Sections-126(2)/117(2)/109/62/351/3(5) of BNS, 2023 against
the said FIR, the petitioners filed this present petition.
[5] In view of above and having heard the learned counsel for the
parties, this Court is of the opinion that it is not a fit case to quash the FIR at this
stage. Accordingly, the prayer for quashing of FIR stands rejected. Consequently,
the petition stands dismissed. As a sequel, miscellaneous application pending, if
any, shall stand closed.
T. Amarnath Goud, J
A. Ghosh