RAMLAL RAJGHORIA Vs. SECRETARY GOVT OF WEST BENGAL

JUDGEMENT

(1.) Notice was given to the opposite party who is the Judicial Secretary and Legal Remembrancer of the Government of the State of West Bengal to show cause why he should not be found guilty of contempt of Court and punished. This Court had been moved to issue such a Rule on the ground that the Judicial Secretary and Legal Remembrancer in his official capacity had written a letter dated 7th July 1950, to the Additional District Magistrate of 24 Parganas which, it was said, was a deliberate attempt to interfere with the due course of justice. The learned Advocate-General has appeared on behalf of the opposite party and Mr. A. K.. Basu has appeared on behalf of the petitioners who moved the Court.

(2.) The petitioners Ramlal Rajghoria and Gorak Singh have been charged with the offence of murder. It is said that they murdered one Subodh Kumar Sarkar. It seems that there was a prolonged enquiry into the causes of the death of this man, Subodh Kumar Sarkar and at first the authorities declined to take cognizance of a complaint made by the deceased man's widow. Later, apparently cognizance was taken and the matter came before the Sub-Divisional Officer, Alipore, in his judicial capacity to conduct the preliminary enquiry.

(3.) It seems that the complainant, the widow of the deceased man, was apprehensive that the usual prosecuting authorities would not prosecute this case with vigour and an application was made on her behalf to the Court under Section 495, Criminal P. C., for permission for the prosecution to be carried on by herself through an advocate. The learned Sub-Divisional Officer considered this application on its merits and rejected it. He directed that the prosecution should be continued by the Court Inspector, who is of course the person who normally carries on prosecution in respect of serious offence on behalf of the State.