Tripura High Court
WRIT PETITION 10 of 2025 on 16 September 2025
HIGH COURT OF TRIPURA AGARTALA WP(CRL.) NO.10 OF 2025
Present:
For the Appellant(s)
For the Respondent(s)
: Mr. Debalay Bhattacharjee, Sr. Advocate.
Mr. Samar Das, Advocate.
: Mr. B. Majumder, Deputy SGI. Mr. R. Datta, P.P. Mr. R. Datta, P.P.
HON’BLE JUSTICE DR. T. AMARNATH GOUDHON’BLE MR. JUSTICE BISWAJIT PALIT
16.09.2025
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Order
1. When the case is called, both the sides are present. 2. The prayer as sought for in the present writ petition are as follows:- “i. ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/directing the State-respondents to register an FIR and handover the investigation to Central Bureau of Investigation;
ii. Absolute; After hearing the parties, be pleased to make the Rule
iii. Any other RELIEF(s) as to this Hon'ble High Court may deem fit and proper.”
3. The grievance of the petitioner is that he was influenced by a certain advertisement on social media and, being carried away by the same, he deposited various amounts on different dates through online transactions from his Axis Bank and ICICI Bank accounts, totaling Rs.90,37,587.44, between 21.07.2025 and 04.08.2025.
4. Thereafter, the petitioner realized that it was a fraudulent company which had duped him. He filed a complaint before the Officer-in-Charge, Cyber Police Station, AD Nagar, Agartala, West Tripura, on 21.08.2025. To his surprise, there has been no communication from the concerned police officials, nor any progress in the form of registration of an FIR or communication regarding the status of the investigation. The petitioner made his best efforts to pursue the matter with the concerned SHO. Since no positive information or communication has been provided, the present writ petition has been filed seeking the reliefs as stated supra.
5. Heard and perused the evidence on record. 6. The present writ petition has been registered as WP(Criminal) No.10 of 2025. On examining the matter, this Court is of the opinion that the petition is civil in nature, and a writ of mandamus directing the concerned SHO to take action upon the complaint of the petitioner would suffice. Hence, invocation of the criminal jurisdiction of this Court under Article 226 of the Constitution of India is unwarranted.
7. A WP(Civil), as stated, is to be dealt with by a Single Judge having the appropriate roster and not by a Division Bench considering it as a WP(Criminal). Accordingly, this Court directs the Registry to list the matter as per procedure before the concerned Court having WP(Civil) in its roster. 8. With the above observations and directions, the Registry is directed to take steps accordingly.
B. PALIT, J
DR. T. AMARNATH GOUD, J
Suhanjit
SABYASACDigitally signed by SABYASACHI GHOSH HI GHOSHDate: 2025.09.16 15:10:27 +05'30'