SUJOY KUMAR CHANDA Vs. DAMAYANTI MAJHI

JUDGEMENT

(1.) Both these appeals are directed against Judgment and Order dated 7/6/2005 passed by the Calcutta High Court in C.R.R. No.3140 of 2004 and, hence, they are being disposed of by this common order.

(2.) The facts which give rise to this judgment need to be shortly stated.

(3.) It appears that Association for Protection of Democratic Rights, Ranaghat Branch, made a complaint to the West Bengal Human Rights Commission alleging that some police officers had shot down Khagen Majhi. The West Bengal Human Rights Commission by its Order dated 21/1/1998 recommended that prosecution should be started against SI Shankar Chatterjee and ASI Ajoy Roy. The Commission directed that displeasure of the Commission should be communicated, in writing, to the appellant - S.K. Chanda, SDPO, Kalyani for having attempted to mislead the Commission by his Report which was not in alignment with facts. There was no direction as against appellant - S.S. Banerjee. On 22/5/2000, pursuant to the above recommendation of the Commission, P.S. Kalyani, registered Case No.78 of 2000 against SI Shankar Chatterjee, ASI Ajoy Roy and Kartick Sarkar under Sections 147, 148, 149, 353, 307 and 326 of the IPC read with Sections 25 and 27 of the Arms Act. On 4/6/2000 upon investigation, charge-sheet was submitted against the abovementioned accused persons. On 31/7/2000, learned SDJM, Kalyani found sufficient ground to proceed against SI Shankar Chatterjee, ASI Ajoy Roy and Kartick Sarkar under Sections 302 read with Section 120B or Section 304 read with Section 120B and Section 201 read with Section 34 of the IPC. Learned SDJM, however, refused to issue process against appellant - S.K. Chanda and appellant - S.S. Banerjee. Since over the same incident, there was a police case also against those three accused persons, learned Magistrate directed that Complaint Case No.138C of 1997 be tagged with Police Case No.78 of 2000 for further proceedings. On 25/8/2000, the complainant filed a revisional application against the said Order dated 31/7/2000 passed by learned SDJM being C.R.R. No.2174 of 2000 in the Calcutta High Court. The appellants were not party to this revisional application. On 23/7/2001, the High Court set aside the Order of the learned Magistrate clubbing the complaint case with the police case and directed that the complaint case be committed to the Court of Sessions. It would be appropriate to quote the relevant paragraphs from the Order of the High Court:-