SWARAJ KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal revision arises out of an application under Section 482 of the Cr. P. C. which has been filed for quashing the First Information Report dated 10. 11. 93 of Serampore p. S. Case No. 381 dated 10. 11. 93 under Section 306 I. P. C. corresponding to G. R. Case No. 969/93 pending in the Court of the Sub Divisional judicial Magistrate, Serampore.

(2.) THE petitioner is a Grade-I P. A. attached to. the Minister in charge, public Works Department, Government of West Bengal. On 10. 11. 1003 at about 10-05 hours one Surajit Roy submitted a written complaint before the Inspector-in-charge, Serampore P. S. alleging that his elder brother debu Roy had love affairs with the daughter of the petitioner. It has been further stated in the FIR that after some sort of negotiation between the guardians of the respective parties the date of marriage between Debu and the petitioner's daughter Munmun had been fixed on 30. 11. 1993 to be held in the house of the petitioner and on 9. 1. 1. 993 the complainant and others were to visit the house of the petitioner in connection with the proposed marriage. The complainant also stated in the petition of complaint that debu always kept silent and talked little in the house and he complained of financial need and he began to borrow money from different places to fulfil the demand of the hosue of Munmun. On 9. 11. 1993 at about 11 p. m. the complainant came to know from Abinash Dutta that Debu was lying in the house of the petitioner in a precarious condition having fallen ill. Later he went to the house of the petitioner and found his elder brother Debu hanging dead with the help of a cloth. The complainant alleged that it was his firm belief that the petitioner, his wife and daughter compelled Debu to commit suicide by giving provocation.

(3.) LEARNED Advocate for the petitioner submitted that as the FIR does not disclose the manner in which the petitioner, his wife and daughter abetted the commission of the offence, the continuance of investigation on the basis of such FIR tentamounts to a gross abuse of the process of law resulting in tremendous suffering of the petitioner, his wife and daughter and accordingly the FIR and the proceeding before the Magistrate should be quashed.