MRINMOY RANJAN SIKDER Vs. STATE OF W. B

JUDGEMENT

(1.) This is an application under Ss. 397/401 read with Sec. 482 of the code of Criminal Procedure for quashing of an Order dtd. 12/9/2018 passed by the Learned Additional Chief Judicial Magistrate, Bongaon in G.R. Case No. 53 of 2017 arising out of Gaighata Police Station Case No. 14 of 2017 dtd. 3/1/2017 under Ss. 306/120B/34 of IPC, rejecting thereby the prayer of the petitioner for further investigation.

(2.) The brief fact of the case is that, the brother of the present petitioner namely Sanjay Sikdar was a Government employee, the present opposite party no. 2 is the wife of Sanjay Sikdar and 3 to 5 are the relatives of opposite party no. 2. The brother of the present petitioner ,Late Sanjay Sikdar committed suicide on 28/11/2016 inside his house. On getting such information the petitioner rushed to the Gaighata and he was informed that a post-mortem examination is in-progress due to unnatural death of his brother. He attended the last ritual of his brother and noticed some unnatural behaviour on the part of the opposite party no. 2 to 5. After sometime he came to know that the present opposite party no. 2 to 5 abated his brother Sanjay Sikdar to commit suicide. Accordingly, he approached to the Gaighata Police Station to lodge a complaint and registered G.D. Entry No. 285 dtd. 5/12/2016. The police has taken no steps accordingly he filed a petition of complaint before the Court of Learned A.C.J.M, Bongaon on 9/1/2017 under Sec. 156(3) of Cr.P.C praying for direction upon the police to cause investigation treating the said compliance as FIR. Upon direction of Learned A.C.J.M, police has registered a Gaighata Police Station Case No. 14 of 2017 dtd. 3/1/2017 under Ss. 306/120B/34 of IPC.

(3.) It is the allegation in the petition of complaint that the deceased Sanjay Sikdar used to stay at his ancestral house along with his family. Opposite party no. 2 to 5 used to inflict torture and also threatened late Sanjay Sikdar and snatched money from him. They forced late Sanjay Sikdar to avail loan from different concern and have siphoned all the money. There was meeting on 28/5/2016 at the house of the petitioner's father where it was decided that the opposite party no. 3 would repay all the loans and the balance would be repaid by opposite party no. 2 but, in fact the opposite party did not repay the loan amount on contrary created pressure upon late Sanjay Sikdar to repay all the amounts. Sanjay Sikdar could not bear the torture of present opposite party no. 2 to 5 and committed suicide on 28/11/2016. It is the specific allegation against the present opposite parties that they have abated the Sanjay Sikdar to commit suicide.