KAKALI BERA SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is the case of the petitioner that following the death of her husband Subhas Samanta, who committed suicide, she lodged a complaint to the police against her father-in-law and mother-in-law on the allegation that they abetted him to commit suicide, whereupon Sutahata Police Station Case No. 26/08 dated 7.4.2008 under Sections 306/34 of the Indian Penal Code was registered. However, after completion of investigation, the police submitted final report praying for discharge of the said accused persons, when the petitioner filed a Naraji petition and the Court took cognizance of such Naraji petition and proceeded with the said matter. It is the further case of the petitioner that by now the initial Ejahar of four witnesses have been recorded out of seven witnesses, she proposed to examine in support of her case. However, over the selfsame incident her father-in-law lodged a FIR charging her for abetting commission of suicide by her husband. The said case has been ended in chargesheet and also committed to the Court of Sessions. Now, the charge has been framed and date for recording of evidence has been fixed on and from March 8, 2010 which is to be continued till March 17, 2010. It is submitted by the Learned Counsel of the petitioner that in the interest of justice both the cases to be tried analogously by the selfsame Court.

(2.) I have given my anxious and thoughtful consideration to the submissions made by the Learned Counsel of the petitioner. In view of the fact that the case lodged by the present petitioner against her parents-in-laws, is still at the stage of enquiry and no summons has been issued, therefore, at the present moment, it cannot be said whether in that case any trial would be at all needed. It is too pre-mature to make any order for trial of both the cases analogously by the selfsame Court.

(3.) In view of above, I do not find any merit in this application and the application stands dismissed. Interim order, if any, stands vacated. However, the Learned Magistrate before whom the complaint case is pending, directed to complete recording of the initial dispositions of the remaining three witnesses of the complainant on the next day fixed for the same.