Tripura High Court stays probe against Trinamool leaders MP Abhishek Banerjee, ex-MP Kunal Ghosh

The Tripura High Court on Thursday stayed the investigation against Trinamool Congress leaders including MP Abhishek Banerjee, ex-MP Kunal Ghosh.

Chief Justice Akil Kureshi passed the order after hearing a petition filed on behalf of Banerjee and five other Trinamool leaders, who were booked for allegedly creating ruckus at the Khowai police station on August 8, 2021 and obstructing police officers from their discharging duty. The Petitioner has prayed for quashing of a complaint bearing FIR  registered with the Khowai Police Station for offence punishable under Section 186 read with Section 34 of the Indian Penal Code.

The Court noted that after hearing advocates for the parties on a few occasions, on September 2, 2021, the petition was admitted. On the said date, the Advocate General had stated that the investigation was complete. In that view of the matter, the request of the petitioner for further investigation was not considered.

The Counsel for the petitioner brought to the notice of the court that a notice issued by the In-charge Inspector of Police, Khowai dated September 06, 2021 issued to one Kunal Ghosh, one of the accused, in which it is stated that the case is now endorsed to him for its investigation.

He has, therefore, issued the notice under Section 41A of Cr.P.C. for appearance before him for certain questions related to the case. It was requested on behalf of Advocate General to adjourn the case since he has difficulty in appearing.

In this regard, the request is not opposed by the counsel for the petitioner but in view of the notice dated September 6, 2021 issued subsequent to the recording of the statement of the Advocate General that the investigation is complete, they request that clarification be made. In the meantime, there shall be no further investigation or issuance of the notices against the accused persons, the court ordered.

The Court has fixed the next hearing of the petition on November 11, 2021.
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