Nepal Chandra Das vs State Of Tripura And Ors

Akil Kureshi, CJ

Petitioner had filed a complaint against his brother and other relatives alleging commission of offences punishable under Sections 448, 427, 380 read with Section 34 IPC. The police, after completion of investigation, filed a charge sheet before the concerned Magistrate for commission of offences under Sections 448, 427 read with Section 34 IPC. The petitioner thereupon filed application before the Magistrate asking for further investigation since the police had not included the offence under Section 380 in the charge sheet. This application was rejected by the learned Magistrate by the impugned order on the ground that the petitioner has approached at a belated stage.

Having heard learned counsel for the parties and having perused documents on record, I do not find that the petitioner has made out any case for the direction to carry out further investigation. The disputes revolved around the right to perform puja at an ancestral property which is the genesis of the entire alleged incident between the petitioner and his brother. When the investigating officer has filed the report suggesting that there is no evidence of commission of theft in the process, in absence of at least some prima facie material suggesting to the contrary, direction for further investigation cannot be granted.

Under the circumstances, not for the reasons recorded by the learned Magistrate but independent of that this petition is dismissed. Pending application(s), if any, also stands dismissed.