BHAGIRATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed under Section 401 read with Section 482 of the Criminal Procedure Code challenging the order dated May 21, 2014 and June 3rd, 2014 passed by learned Chief Judicial Magistrate, Birbhum rejecting thereby the petitioners prayer for making confessional statement under Section 164(4) of the Code of Criminal Procedure in connection with G.R. Case No. 638 of 2013 arises out of Panrui Police Station Case No. 79 of 2013 dated July 22nd, 2013 under Sections 448/326/307/34 and subsequently added Sections 147/148/149/302 of the Indian Penal Code read with Section 25/27 of the Arms Act.

(2.) Mr . Tapas Kumar Ghosh with Ms. Somsubhra Ganguly appears on behalf of the petitioners. Mr. Ghosh submits that the petitioner No. 1 Sri Bhagirath Ghosh and petitioner No. 2 Sri Subrata Roy @ Sajal Kanti Roy @ Shuvo Roy accused persons in the case as referred above. Both of them made a prayer before the learned court below for recording their statements under Sections 164 of the Code of Criminal procedure along with prayer for bail. The prayer of the petitioners was rejected. It is also submitted that since the inception of the instant case there are various anomalies with regard to the genuineness of the First Information Report lodged by the widow of late Sagar Ghosh, as a result accused Nepal Krishna Roy, Naba Krishna Roy and Manas Roy have been bailed out by this Hon'ble Court.

(3.) The petitioners wanted to record their confessional statement before the court of learned Judicial Magistrate for bringing the truth in public. But the learned Chief Judicial magistrate rejected such prayer of the petitioners on two occasions in spite of citing the decision of Hon'ble Apex Court in this regard.