SAMSUR NIHAR BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the de facto complainant of Murshidabad Police Station Case No. 47/2013 under Sections 341/326/307 of the Indian Penal Code, which is now pending before the learned Additional Chief Judicial Magistrate, Murshidabad being G.R. Case No. 319/2013. After conclusion of the investigation police submitted chargesheet under Sections 341/325/307/304 of the Indian Penal Code.

(2.) Now, it is the case of the petitioner that having regard to the materials collected during investigation more grievous offence punishable under Section 302 of the Indian Penal Code has been made out, still police with utter mala fide submitted chargesheet for lessor offence.

(3.) From the side of the State, case diary is produced and it is submitted on the basis of the materials collected during investigation, police has submitted chargesheet and there is no intention on the part of the Investigating Agency to show some concession to the accused persons. He further submitted that although many allegations have been made against the police but there is no iota of materials to substantiate the same. Heard the learned Counsel appearing on behalf of the parties.