BIDYUT SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present revisional application has been directed against an order dated 24-5-2002 passed by the learned Sub-Divisional Judicial Magistrate, Cooch Behar in G.R. Case No. 56/2001 under Section 306 of the Indian Penal Code.

(2.) It appears that on completion of investigation of Kotwali (Cooch Behar) P.S. Case No. 57 dated 22-2-2001 under Section 302/34, IPC., police submitted charge-sheet on 18-5-2002 against accused Bibekananda Saha and Binapani Saha under Section 306, IPC. In the said charge-sheet the investigating Officer recommended discharge of the present petitioner, namely Bidyut Saha. The learned Magistrate after considering the materials in the case diary and hearing the A.P.P. was satisfied that sufficient materials are there against the said accused Bidyut Saha and there are sufficient grounds for proceeding against him. Accordingly the learned Magistrate rejected the prayer of the Investigating Officer for discharge of Bidyut Saha and directed the Surity to produce him on the next date fixed. It is at this stage the petitioner has come up before this Court challenging such order as also praying for quashing of the proceeding.

(3.) It is the contention of the petitioner's learned Advocate that there is absolutely no material against the accused Bidyut Saha. The learned Magistrate passed the impugned order without going through the case diary and without applying his judicial mind. It is the further contention of the petitioner's learned Advocate that although the incident took place on 24-1-2001 the FIR was lodged about a month after the said incident and there is no explanation of such delay. Such unexplained delay, according to Mr. Guptoo, casts a grave doubt in the reliability of the prosecution case.