BABLU SAHU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Earlier, it has been stated at the Bar, that a prayer in respect of these petitioners were refused under section 438 of the Code of Criminal Procedure. However, although it has been stated in the paragraphs likewise; but there is no mention of the same in the Case Diary. We take it on the basis of the stand taken at the Bar that this is a second Application. Obviously to entertain the same one has to overcome the hurdle as laid down by the Special Bench in Sri Sudip Sen vs. The State of West Bengal, 2010 3 CalCriLR 314 in paragraph 31.

(2.) Shri Ganguly for the petitioners has submitted that initially when the prayer was refused the allegation was under section 302 of the Indian Penal Code; but, later on chargesheet has been submitted under section 306 of the Indian Penal Code. As such, on the basis of the same he was of the view that there is a change in the circumstance and on the ambit of the Special Bench decision in Sri Sudip Sen's case he has preferred this application.

(3.) According to Shri Ganguly the death was suicidal and not homicidal. As such, it means a lot of difference. He has submitted that the deceased died on account of consumption of Calpol tablets and when it has come to the State that the initial allegation that the deceased was done to death on the basis of which their earlier prayer was refused by the Division Bench under Section 438 of the Code of Criminal Procedure having been changed, this Application should be heard on merit.