KRISHNA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner being the de-facto complainant filed an application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 challenging the correctness, legality and propriety of the order dtd. 12/1/2017 passed by the learned Additional Chief Judicial Magistrate at Uluberia, Howrah in G.R. Case No. 200/2016 appertaining to Shyampur Police Station Case No. 27/2016 dtd. 28/1/2016 under Ss. 302/201 and 34 of the Indian Penal Code.

(2.) It is the averments of the petitioner that a written complaint was lodged on 28/1/2016 against the eldest brother and son of the deceased to the effect that the opposite party no. 2, Tarak Chandra Jana who on the plea of collection of old age pension from the Gramin Bank at Radhapur took his father Bhagabati Chandra Jana alias Bhagabati Jana and her husband from the house at Jallabaj and intentionally dashed his father on the way near the pole as a result the father of the petitioner Bhagabati Jana expired on 25/1/2016, resulting in registration of an FIR in Shympur Police Station Case No. 27/2016 under Ss. 302/201/34 IPC dtd. 28/1/2016 against the accused person.

(3.) The said case was finally culminated and IO of the case has submitted FRT as false vide Final Report No. 76/2016 dtd. 24/3/2016. In the said proceeding, the petitioner has filed a protest petition dtd. 18/5/2016 and the same was fixed for final hearing on 12/1/2017. The learned Magistrate accepted the said final report and prayer for further investigation made by the petitioner was rejected.