Khowai PS Incident: Tripura High Court Issues Notice On TMC's Plea For Quashing FIR; No Stay On Probe

The Tripura High Court today issued notice to the State Government on a plea filed by Trinamool Congress General Secretary Abhishek Banerjee, MP Dola Sen, West Bengal Minister Bratya Basu, and 3 others seeking quashing of FIR registered against them on a suo-moto complaint (Khowai Police Station Incident).In the meantime, the Bench of Chief Justice Akil Kureshi directed that the investigation may go on the case, however, a final report shall not be filed without the leave of the Court.Read more about the plea here: TMC MP Abhishek Banerjee, WB Minister Move Tripura High Court Seeking Quashing Of FIR In Khowai PS IncidentThe case against the petitionersAs per the prosecution's case, on August 8, 2021, some AITMC leaders arrested for the offence U/S 188 IPC & Section 3 of Epidemic Disease Act, 1887 were to be taken to the Court at Khowai from Khowai PS.Allegedly, after getting information about their arrest, a group of TMC leaders (petitioners before the Court) reached the police stations and all of them started talking to Rajib Sutradhar SDPO, Khowai about the arrest of their leaders.Allegedly, they all demanded the release of the arrested persons from PS and to change Sections of law registered in the FIR drawn against accused persons.Thereafter, the FIR claims, the petitioner and other leaders of TMC misbehaved with Addl. SP & SDPO Khowai shouting in his chamber that the Police personnel are the broker (Dalal) of the BJP Party.They did not allow them to take the arrested leaders with them as they forcibly kept the arrested person in PS from 1300 Hrs to 1430 Hrs.Lastly, it has been alleged that due to obstruction made by them for more than one Hour in Police Duty & due to their obstruction, the police could not produce the arrested accused persons before the Court.The submissions made by the PetitionersStating that the Contents of the FIR are completely false, fabricated and after-thought, their pela states that the FIR had been registered 48 hours of the release of the accused persons on bail by the Ld. Court and after the petitioner and others left the Police Station and proceeded towards the Ld. Court and thereafter to Agartala.It has also been stated that the Leaders of the TMC as well as the Minister and MP went to the Khowai Police Station and had only enquired from the Police with regard to the grounds of the arrest of the accused persons of since a false case had been registered at Teliamura P against the accused persons.It has been further submitted that three of the accused persons were mercilessly assaulted by the BJP miscreants and they were neither provided with any medical aid nor given any drinking water."As such the petitioner and other leaders of Trinamool Congress Party were extremely worried about their physical condition and injuries sustained and therefore wanted to know from the officer in charge of Khowai Police Station as to their exact condition and why they had been detained illegally which is well within the rights of every if citizen…this cannot be termed as obstruction to justice and as such the said FIR is liable to be quashed and set aside" submits their plea.Lastly, the plea seeks the quashing of FIR and prays for a stay on the criminal proceedings in the case.Noting that the issues require further consideration, the Court issued a notice returnable on 2nd September 2021.Click Here To Download OrderRead Order

Khowai PS Incident: Tripura High Court Issues Notice On TMC's Plea For Quashing FIR; No Stay On Probe

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Khowai PS Incident: Tripura High Court Issues Notice On TMC's Plea For Quashing FIR; No Stay On Probe

Sparsh Upadhyay

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