NIRANJAN MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed by the Petitioners under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 feeling aggrieved and dissatisfied with the impugned order dtd. 17/6/2022 passed by the learned Chief Judicial Magistrate, Purulia in connection with G.R. Case No. 384/2022 arising out of Balarampur Police Station Case No. 32/2022 dtd. 19/2/2022 under Ss. 498A/302/34 of the Indian Penal Code, whereby the learned Magistrate issued order of proclamation and attachment simultaneously against the present petitioners.

(2.) Petitioners' case, in brief, is that Balarampur Police Station Case No. 32/2022 dtd. 19/2/2022 was registered under Ss. 498A/302/34 on the basis of complaint lodged by one Ajit Mahato to the effect that his daughter, namely, Tusu Mahato was married to one Bimal Mahato on 5th Day of Baisakh last year. He received a telephonic intimation from his son-in-law that his daughter has no more. Immediately he and others rushed to the matrimonial house of his daughter where they were informed that dead body of his daughter has been sent for post mortem examination at Purulia. It was his firm belief that son-in-law along with others including the present petitioners strangulated his daughter resulting her death.

(3.) After completion of investigation charge-sheet was submitted under Ss. 498A/306/34 of the Indian Penal Code against the petitioners and two others, namely, Bimal Mahato and Arjun @ Puintu Mahato. In course of investigation, two accused persons, namely, Bimal Mahato and Arjun @ Puintu Mahato were arrested on 19/2/2022 and subsequently they were enlarged on bail after incarceration for some times. It is further contended that in view of the prayer made by the investigating officer warrant of arrest was issued on 7/5/2022 against the present petitioners. But without receiving execution report of W/A, the learned Court below further issued warrant of arrest, proclamation and attachment simultaneously on 17/6/2022 against the present petitioners is not sustainable in law. Therefore, the impugned order is perverse and bad in law. Warrant of arrest, proclamation and attachment against the present petitioners could not be issued simultaneously. Therefore, order dtd. 17/6/2022 is liable to be set aside.