PARTHA PRATIM DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners before this Court are accused persons, in Kalchini P.S. Case no- 120/2020 dtd. 1/9/2020 now pending before Learned Additional Sessions Judge and Special Court (under S.C. and S.T. Act) 1st Court Jalpaiguri being Special case No- 12/2020.

(2.) The prosecution case in brief is that on 1/9/2020, officer in charge Kalchini Police Station received a written complaint made by one Usha Lohara Wife of Suraj Lohara of Rajabhatkhawa Marchantpara P.S. Kalchini District - Alipurduar against 1) Partha Pratim Dutta (Nantu) son of Dipak Dutta 2) Swpana Dutta wife of Partha Pratim Dutta the petitioners herein and one Pinki Bhattacharya wife of Nitai Bhattacharya (Nitu) all belonging to the same locality to the effect that on 30/08/2020 at about 5.00 hrs complainant's son Animesh Lohara who was 17 years of age was found in hanging condition and later on medical officer of Latabari Rural hospital declared him dead. It is alleged by the complainant in her complaint that her son Animesh Lohara had a love affairs with Rupsha Dutta which was not accepted by the accused persons and they insulted Animesh Lohara frequently and even assaulted some time. On 28/8/2020 all the accused persons called Animesh Lohara and admonished him in such a way which let him to commit suicide. On the basis of this complaint Kalchini P.S. case No. 120/2020 dtd. 1/9/2020 u/s- 305/34 IPC was instituted and investigation taken up. During investigation on the prayer of Investigating Officer Learned Additional Chief Judicial Magistrate Alipurduar was pleased to add Sec. 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act 1989 and transferred the case before Learned Special Judge under Schedule Caste and Schedule Tribe Prevention of Atrocities Act 1st Court Jalpaiguri. Thereafter the investigation of the case was taken up by SDPO Alipurduar.

(3.) On completion of investigation charge sheet was submitted under Sec. 305/34 IPC read with Sec. 3(1)(x) of Schedule caste and Schedule Tribe Prevention of Atrocities Act 1989. The petitioners being aggrieved by the charge-sheet submitted and the proceedings in connection with Special case No-12 of 2020 pending before Learned Additional Sessions Judge and Special Court under Schedule Caste and Schedule Tribe Atrocities Act 1989 1st Court at Jalpaiguri has come up with the instant application.