ANUP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure filed at the instance of one Anup Kumar Roy, petitioner herein seeking to quash the proceeding of G.R. Case No. 327 of 1981 now pending before the Court of learned Metropolitan Magistrate, 5th Court, Calcutta and which arose out of section 'A' (Shyampukur P.S.) case No. 327 dated 29.9.81 under sections 304/314/201/34 of the Indian Penal Code.

(2.) The short facts leading to the filing of the present revisional application are as under :-

(3.) In the aforesaid case, it was, inter alia, alleged that on 28.9.81 at about 7 P.M.. Smt. Parul Rani Halder, aged about 25 years, widow of late Nirmal Chandra Halder, being conceived was admitted at Green Ways Nursing Home situated at 187B, A.P.C. Road, 1st floor, Calcutta-4 under Shyampukur Police Station, under Dr. Birendra Mohan Banerjee for causing abortion and she died due to miscarriage caused by Dr. Birendra Mohan Banerjee and in order to conceal the evidence, Dr. Birendra Mohan Banerjee with the help of his wife Smt. Mukti Banerjee and Dr. Anup Roy and Dipak Sharmacharjee removed the dead body of Parul Halder at Nimtala burning ghat on 29.9.81 early morning with the help of a van of Hindu Satkar Samity and got the dead body of Parul Halder cremated at Nimtola burning ghat with the false name of Parul Rani Halder as Parul Rani Devi after giving false address in the death certificate as well as in the death register and aforesaid Mukti Banerjee signed in the death Register as Chitra Mondal to conceal the evidence of admission of Parul Halder in the Nursing Home as well as her death.