SADHANA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this revisional application is to the order dated 28th December, 2007 passed by the learned Chief Judicial Magistrate, Alipore, South 24-Parganas in Case No. C-1107 of 2001. The relevant portion of the said order is set out below:-

(2.) Smt. Sadhana Das filed a petition of complaint, being case No. C-1107 of 2001, in the Court of the learned Chief Judicial Magistrate, South 24-Parganas at Alipore against the opposite party nos. 2 and 3 as well as Sankaran Moitra alleging therein that on 10th May, 2001, i.e., the date of Assembly Election in West Bengal, her husband Rabindra Nath Das was murdered by the opposite party nos. 2 and 3 at the instance of Sankaran Moitra. Sankaran Moitra was the Assistant Commissioner of Police attached to Eastern Suburban Division, Calcutta Police, at that relevant period of time whereas the opposite party No. 2, S.M. Kundu, was the Officer-in-Charge of the Phoolbagan Police Station, Calcutta and the opposite party No. 3, Sudhir Sikdar @ Sudhangsu Kr. Sikdar, was a Police constable attached to Phoolbagan Police Station, Calcutta at the relevant period of time. The learned Chief Judicial Magistrate, Alipore, recorded the statement of the complainant and the witnesses under Section 200 of the Code of Criminal Procedure and, thereafter, had taken cognizance of the offence against the three accused persons under Sections 302/201/109 read with Section 120B of the Indian Penal Code. One First Information Report was also lodged with the Foolbagan Police Station, being Foolbagan Police Station Case No. 112 of 2001, under Section 304 of the Indian Penal Code. Smt. Sadhana Das reported the matter to various higher authorities of the police. Sankaran Moitra, accused no. 1, filed an application for anticipatory bail, which was refused by this Court on 20.06.2003. Sankaran Moitra challenged that order in the Hon'ble Apex Court and his prayer for Special Leave to Appeal was rejected by the Hon'ble Apex Court on 28.07.2003. Sankaran Moitra, in the meanwhile, filed an application under Section 482 of the Code of Criminal Procedure before this Court praying for quashing of the proceedings on the ground that the learned Chief Judicial Magistrate had no jurisdiction to entertain the complaint since the condition precedent for entertaining complaint, a sanction under Section 197(1) of the Code of Criminal Procedure was required which had not been obtained.

(3.) This Court by an order dated 11.07.2003 dismissed the application and observed: