Tripura High Court
Dy. Inspector General vs The State Of Tripura And Another on 26 March, 2025
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HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev. P. No.17 of 2025
Dy. Inspector General, SHQ, BSF
......... Petitioner(s).
VERSUS
The State of Tripura and another
......... Respondent(s).
For Petitioner(s) : Mr. B. Majumder, Deputy SGI. For Respondent(s) : Mr. Raju Datta, Public Prosecutor, Mr. Rajib Saha, Addl. Public Prosecutor.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 26/03/2025 The petitioner-Dy. Inspector General, SHQ, BSF, Baramulla, Jammu and Kashmir has sought quashing of the order dated 27.02.2025 passed by the learned Chief Judicial Magistrate, Khowai, Tripura in PRC(SP) No.100 of 2022 arising out of the FIR instituted by Pintu Shil at Teliamura police station bearing FIR No.2021 TLM 097under Sections 277, 338, 304(A) of IPC dated 30.07.2021. It appears from the averments made in paragraph-2 of the petition that that BSF Authorities had also lodged an FIR, both of which were clubbed together. However, the copy of both the FIRs have not been annexed. An application was moved by the petitioner before the learned trial Court for stay of proceedings against accused respondent No.2 as the petitioner has decided to institute proceedings against the said accused before the BSF Court under Section 80 of the BSF Act, 1968. The same has been rejected by the learned trial Court vide impugned order dated 27.02.2025 with an observation that charges have been framed against the accused for committing offence under Sections 279, 338, 304A of IPC and under Sections 184, 196 of M.V. Page 2 of 2 Act to which he has pleaded not guilty and the trial has commenced. Summons have been issued upon the prosecution witnesses cited in the charge-sheet by the prosecution.
Mr. B. Majumder, learned Deputy SGI appears for the petitioner has drawn the attention to Section 80 of the BSF Act, 1968 which reads as under:
"80. Choice between criminal court and Security Force Court-
When a criminal court and a Security Force Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security Force Court, to direct that the accused person shall be detained in Force custody."
Apparently, the competent authority of the BSF has also chosen to institute an FIR against the same accused which is being tried by the learned Chief Judicial Magistrate, Khowai along with the FIR instituted by the informant Pintu Shil. At the stage of trial before the regular Court, the petitioner apparently wants to initiate a proceeding under the BSF Act. Pleadings are lacking both as respect to the material facts and the basis for making such a prayer.
Mr. B. Majumder, learned Deputy SGI for the petitioner prays for two weeks' time to file an additional affidavit.
Accordingly, two weeks' time is allowed.
Matter be listed on 09.04.2025.
(APARESH KUMAR SINGH), CJ Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.03.28 16:44:15 +05'30'