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Tripura High Court Stays Investigation Against TMC MP Abhishek Banerjee, WB Minister & Others In Khowai PS Incident
Sparsh Upadhyay
24 Sep 2021 3:57 AM GMT
The Tripura High Court on Thursday stayed investigation against Trinamool Congress General Secretary Abhishek Banerjee, MP Dola Sen, West Bengal Minister Bratya Basu, and 3 others in a case registered against them on a suo-moto complaint in the Khowai police station incident which took place on August 8.The Bench of Chief Justice Akil Kureshi was hearing the plea seeking quashing of the...
The Tripura High Court on Thursday stayed investigation against Trinamool Congress General Secretary Abhishek Banerjee, MP Dola Sen, West Bengal Minister Bratya Basu, and 3 others in a case registered against them on a suo-moto complaint in the Khowai police station incident which took place on August 8.
The Bench of Chief Justice Akil Kureshi was hearing the plea seeking quashing of the complaint for offence punishable under Section 186 read with Section 34 of the Indian Penal Code
On Thursday, the counsel for the petitioner apprised the court about a notice issued by the In-charge Inspector of Police, Khowai issued to one of the accused in the matter (Kunal Ghosh), in which it was stated that the case was now endorsed to him for its investigation.
Therefore, the In-charge Inspector of Police, Khowai issued the notice under Section 41A of Cr.P.C. for appearance before him for certain questions related to the case.
In this regard, the Counsel for the petitioner argued that since the Advocate General has stated that the investigation in the matter is complete, therefore, a clarification be made regarding Section 41A of Cr.P.C. notice issued to one of the accused.
Consequently, taking into account the request of the AG to adjourn the case since he had difficulty in appearing, the court listed the matter for November 11 and directed that till then, there shall be no further investigation or issuance of the notices against the accused persons.
The case against the petitioners
As 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 of 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.
Read Order
