STATE OF WEST BENGAL Vs. HARE KRISHNA MONDAL

JUDGEMENT

(1.) The present revisional application has been preferred against an Order dtd. 7/1/2020 passed by the Learned Sessions Judge, Nadia in connection with Criminal Motion No. 61/2018, affirming the order dtd. 10/10/2018 passed by the Learned Additional Chief Judicial Magistrate, Tehatta, Nadia in G.R. Case No. 667 of 2012.

(2.) FACTS:-

(3.) It is submitted by the State that though initially the police authority was conducting the case, subsequently, the case was handed over to the Criminal Investigation Department (CID), West Bengal and since then the investigation was continuing by the C.I.D. West Bengal. Statement of many witnesses have been recorded from which it appears that the opposite party had a grudge against the victim Mono Mohan Mondal, as the victim supported Subol Mondal, with whom the opposite party had a property dispute. Pre-existence of such dispute gives rise to the reasonable apprehension regarding the involvement of the opposite party in kidnapping the victim and causing harm to the victim. Though the investigation was pending since long, and had proceeded to a considerable extent, it could not be completed because of repeated change of the investigating officers due to transfers for administrative and other reasons. On 26/11/2013 a prayer was made by the investigating agency for adding Sec. 364 of Indian Penal Code with the original Sec. 365 of IPC.