GITA ADHIKARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An Order of the learned Sub-Divisional Judicial Magistrate, Kalyani in connection with G.R. Case No. 140 of 1999 (arising out of Chakdaha Police Station Case No.42 dated 30.4.99) on 07.10.99 has prompted the petitioners to come up before this Court invoking its jurisdiction under sections 397, 401 and 482 of the Code of Criminal Procedure. The Petitioners are aggrieved by the said Order on the premises that the materials as emerging from the Police Papers do not make out any case under section 328 of the Indian Penal Code that there are serious discrepancies in the statements with regard to the date of the occurance and also with regard to the description of the poison allegedly administered.

(2.) Shri Islam appearing on behalf of the Petitioner has submitted that there are no materials in the Police Papers which would make out a case of section 328 against the Petitioners and the Order of Commitment passed by the learned Magistrate should be set aside. He further submitted that the learned Magistrate although found that there was no examination of any food particles or the thala of which alleged poison was mixed and that the C.D. is absolutely silent about further attempt to collect additional Medical Report yet the commitment Order was made which was not in consistent with the materials on record. He has relied on the decision of a learned single Judge of this Court as reported in 1999 Calcutta Criminal Law Reporter (Calcutta) 306 (Prasanta Kumar Goswami v. State and Others) to emphasis his point that the Magistrate should examine at the time of commitment the Police Papers and arrive at his conclusion whether it is a fit case for commitment and if it is found that after examining the Police Papers the offence was disclosed is not exclusively triable by the Court of session or a wrong section has been quoted such commitment can be refused.

(3.) Shri Kasem Ali Ahmed, learned lawyer appearing on behalf of the State has supported the impugned Order of commitment and prayed before this Court for dismissal of the Revisional Application as there is sufficient material for proceeding against the accused after commitment.