ASHOKA DAS Vs. STATE OF W B

JUDGEMENT

(1.) This is an application filed under section 439(2) of the Code of Criminal Procedure.

(2.) The petition is at the instance of one Sm. Ashoka Das wife of Sri Lokenath Das of village Madhubati. She alleges that she had a son called Netai who was about 36 years. According to her, on 18th February, 2002 at about 1-00/1-30 p.m. the said Netai Das was picked up by 2/3 persons in civil dress claiming themselves to be the police officers. He was taken to Singur Police Station. However, ultimately the petitioner came to know that he was taken to Bally Police Station. It is further claimed that on the next day some persons went to see Netai in Bally Police Station where he was detained and after great persuasion the sentry allowed the parsons concerned to talk with said Netai when Netai disclosed that he was beaten by the accused police. [The allegation is against 4 accused persons. They being (1) Sri Sunil Biswas, Inspector-in- Charge, Bally Police Station, (2) Sri Amal Kanti Das, Sub-Inspector of Police, Bally Police Station, (3) Sri Srimanta Banerjee, Sub-Inspector of Police, Bally Police Station and (4) Sri A. Tarafdar, Assistant Sub-Inspector of Police, Bally Police Station.] It was claimed that some relations met Netai on 24.2.2002 again and at that time also he disclosed his apprehension that he would be liquidated by the police as the accused persons had beaten him severely and they would kill him if he had not agreed to give confessional statement as required by the police personnel. It was suspected that Netai was involved in Bally Police Station Crime Case No. 179 dated 16.9.2001 for the offence under sections 461 and 379 of the Indian Penal Code. He was also produced before the learned Sub-Divisional Judicial Magistrate, Howrah on 21.2.2002. On 25.2.2002 the police of Singur Police Station informed the complainant that her son Netai committed suicide at Bally Police Station lock up at about 4.30 a.m. with a "Gamcha" (a towel). The matter was reported to the West Bengal Human Rights Commission and post-mortem was done at the Calcutta Medical College Morgue under Video Camera. Photographs were taken of the deadbody suggesting therein that the deadbody had several marks of injuries. Ultimately Netai was cremated at Manicknagar Burning Ghat on 26.2.2002.

(3.) The petitioner also pointed out that on her inquiry she came to know that on 25.2.2002 at about 4-45 a.m. the police, attached to Bally Police Station, had taken Netai at T.L. Jaiswal Hospital, Howrah where doctor had declared that Netai was brought dead to the hospital. The petitioner then suggested that finding that no action was being taken she filed a criminal complaint in the Court of the learned Chief Judicial Magistrate, Howrah which was registered as Crl. Case No. 792C of 2002 whereupon the concerned Magistrate took cognizance and proceeded to inquire into the matter. In the complaint she had given list of about 12 witnesses including doctors and post-mortem doctor. She had relied on the records of Bally Police Station and Singur Police Station etc.