ANURUPA DEBI Vs. RAMLAL RAJGHORIA

JUDGEMENT

(1.) This Rule is directed against an order of the Sub-Divisional Officer, Alipore, dated 24-6-1950, by which he rejected ,an application of the petitioner Anurupa Debi, praying that she might be allowed, under Section 495, Criminal P. C, to conduct the prosecution of the case instituted by her through her own lawyers, & directed that the State must be represented by the Court, Inspector, in the prosecution of the case, unless the District Magistrate appointed a separate Public Prosecutor, & that the complainant be allowed to engage her own lawyers, provided they agreed to act in a subordinate role in relation to the Public Prosecutor, allowed to work on behalf of the State, including the Court Inspector.

(2.) The petitioner is the widow of Subodh Chandra Sarkar, an employee of the Texmaco Factory, who was killed by firing, on 12-8-1949. On 15-9-1945, she filed a complaint in the Court of the Sub-Divisional Magistrate Barrackpore, in which she alleged among other things, that under the order of Ramlal Rajgharia, Gprak Singh shot her husband with his gun, & when Subodh threw himself in the jhil nearby, Gorakh Singh & other persons fell upon him, assaulted him with lathis & further shot at him, & that shortly after 9 A. M. her husband was dead. She alleged that she had good reason to believe that the police did not take necessary steps for bringing the culprits to book, that it was useless for her to wait any longer in a state of suspense, & so she sought "the protection of the Court". She prayed that warrants of arrest be issued against Ramlal Rajgharia, Gorakh Singh & the other accused persons mentioned in her petition of complaint & prayed that they be dealt with according to law. The learned Sub-Divisional Magistrate took cognizance of the case under Section 190(1) (a), Criminal P. C. examined "the complainant on solemn affirmation & sent the case to Mr. N. Mazumdar, a 1st class Magistrate, for enquiry & report.

(3.) Mr. Mazumdar examined several witnesses & submitted his report on 18-10-1949 that a prima facie case under Section 302, Penal Code had been made out against Gorakh Singh & a 'prima facie' case under Section 302/114, Penal Code against Ramlal Rajgharia had also been made out.