HARIKISHAN SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 397 and 401 of the Code of Criminal Procedure against an order dtd. 20/2/2017 passed by the Learned Judicial Magistrate 4th Court at Sealdah in connection with GR No. 198 (2008) corresponding to Naihati GRPS Case No. 24/2008 dtd. 23/12/2008 u/s 302/201/34 of IPC.

(2.) The brief fact of the case is that Naihati GRPS case No. 24/2008 was initiated on 23/12/2008 on the basis of a written complaint lodged by one Rajendra Prasad Shaw, relaing to the unnatural death of son of the present petitioner. After completion of investigation the investigating agency submitted the charge sheet being no. 21/2010 dtd. 18/7/2010 u/s 302/201/34 of the IPC against the present opposite party No. 2 to 7.

(3.) Later on a report was submitted by the investigating officers to the SRP Sealdah GRPS after fresh evidence come to light. Thereafter SRP Sealdah GRP vide his order dated 8th of October 2010 directed the investigating officer to examine the witnesses and submit a report to that effect. Accordingly the investigating officer submitted a report to SRP Sealdah GRP after recording the statement. The SRP Sealdah on perusal of such report directed the IO to move the Learned Magistrate with a prayer for further investigation. On 21st of October 2010 the Learned Judicial Magistrate 4th court-cum-Railway Magistrate, Sealdah upon receipt of the said prayer from the investigating officer was pleased to allow the Inspector in-charge, Naihati GRP to make further investigation into the matter according to the provision u/s 173 (8) of the Cr.P.C.