MINAKSHI BIRING Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner has preferred this criminal revision against order dated 7th September, 2012, passed by the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur in G.R. Case No. 574 of 2009, arising out of Contai Police Station Case No. 144 of 2009, dated 12th July, 2009, under Section 306 of the Indian Penal Code, whereby learned Magistrate rejected the prayer for further investigation made by the petitioner.

(2.) IT appears from the materials on record that one Prabir Kumar Biring, the husband of the petitioner died an unnatural death on 5th March, 2009, under mysterious circumstances. The petitioner could not persuade the police authority to record her information as FIR and as such, the petitioner had to move the High Court by filing writ petition being W.P. No. 11639 (W) of 2009. On the basis of the direction given by the High Court in the said writ petition, ultimately the written information given by the petitioner was registered as FIR on 12th July, 2009 and a specific criminal case being Contai Police Station Case No. 144 of 2009 dated 12th July, 2009, under Section 306 of the Indian Penal Code was started. It further appears from record that on completion of investigation, the investigating officer submitted police report under Section 173 of the Code of Criminal Procedure on 9th September, 2009. It appears from the said police report that the investigating agency could collect evidence to prosecute the opposite party nos. 2 and 3 under Section 306 of the Indian Penal Code, but sufficient evidence could not be collected to prosecute the other opposite parties of the instant criminal revision and as such, final report was submitted against them. On 23rd June, 2010, the petitioner submitted one application before the Court of learned Magistrate raising objection against the acceptance of the police report submitted by the investigating officer. By the said petition filed by the petitioner on 23rd June, 2010, the petitioner also prayed for further investigation of the case. By one reasoned order on 7th September, 2012, learned Magistrate rejected the prayer for reinvestigation of the instant case as prayed by the petitioner. The petitioner has challenged the said impugned order dated 7th September, 2012, before this Court by filing an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(3.) MR . Prabir Kumar Mitra, learned counsel for the petitioner submits that the petitioner had to invoke the power of the High Court for getting the criminal case registered with the police authority and that is why, the instant criminal case was registered after long lapse of almost four months from the date of unnatural death of the husband of the petitioner. Mr. Mitra further submits that the investigating officer did not discharge his duty fairly and impartially, inasmuch as he examined mostly the witnesses who belonged to the camp of the accused persons and that he obtained the signature of the petitioner on the inquest report by practising fraud. According to Mr. Mitra, the final report cannot be submitted by the investigating officer against the opposite party nos. 4 and 5 whose application for anticipatory bail was rejected by this High Court on consideration of the materials available in the case diary on 7th August, 2009. It is the specific contention on behalf of the petitioner that many vital witnesses have not been examined by the investigating officer and that the parents of the deceased who are also prosecution witnesses, are also the parents of the accused persons viz. the opposite party nos.1 and 2. The further contention on behalf of the petitioner is that the materials collected from the scene of crime were also not examined properly for collection of incriminating evidence in the instant case. According to Mr. Mitra, this is a fit case where this Court may invoke inherent power under Section 482 of the Code of Criminal Procedure for giving direction for further investigation by the investigating agency.