SANJIB GHOSE ROY Vs. G S ARORA

JUDGEMENT

(1.) THIS is a complainant's revision against the order of the Additional Sessions Judge (hereinafter "asj" ). By that order, dated 14-5-2005, the ASJ set aside two orders of the learned Metropolitan magistrate ("the trial Court" ). The trial Court, by the first order dated 25-7-2003 had allowed an application under Section 311 and summoned an additional witness. After her examination, by the second order, dated 14-5-2004, it issued an order under Section319, criminal Procedure Code, summoning shri G. S. Arora, and also observed that the accused Rattan Singh appeared to have been involved in committing offences under Section 304, Indian Penal Code (IPC ).

(2.) THE facts of the case are that in execution proceedings for enforcement of a decree, warrants of attachment of movable and immovable properties of judgment-debtor Sh. Chiranjit Roy were issued by the court of Addl. Dist. Judge. The decree-holder was G. S. Arora, respondent before this Court. The warrant of attachment was assigned to Sh. Rattan Singh, bailiff (accused hereafter referred to as A-1 ). A-1, met judgment-debtor Sh. Chiranjit Roy with warrants of attachment along with decree-holder, on 2-1-1995. He produced both warrants of attachment, disclosed his identity as bailiff, stating that he had to execute the warrants. On that the judgment-debtor became nervous and wrote on the back of warrants that he had preferred revision against the order of attachment. There was, however, no stay of execution. A-1 called the decree holder and asked if he agreed to stop the execution. The decree holder did npt however agree.

(3.) THE judgment-debtor became more nervous. His wife informed that the judgment-debtor was a heart patient and if execution continued any unfortunate mishap might occur. Seeing the condition of the judgment-debtor, the decree-holder agreed to stop the execution and went away. A-1 submitted his report of non-execution of warrant. Later it was discovered that the judgment-debtor died on 2-1-95 and a case for commission of offences under Sections 304/451/384/34, IPC was registered on the statement of wife of deceased Smt, Latika ghosh through FIR No. 21/95 dated 2-1-1995. A-1 was released on bail.