SUBHAJIT BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Bhushan Deshmukh was in police custody from 20/9/2015 in connection with Burtolla Police Station Case no. 319 dtd. 20/9/2015 under Sec. 25/29 of The Arms Act. He was shifted to the hospital from police custody and expired on the same day. Upon magisterial inquest and postmortem examination being held, a report was submitted by the then Assistant Commissioner of Police (II), North and North Suburban Division, Kolkata before the then Deputy Commissioner of Police of the Division pursuant to which the present complaint being Burtolla Police Station Case no. 327 of 2015 dtd. 30/9/2015 was initiated against the petitioners and others. Sanction for prosecution was granted under Sec. 197 of the Code of Criminal Procedure.

(2.) Upon completion of investigation, charge sheet was submitted against four persons including the petitioners under Sec. 167/193/323/348/409//304/34 of the Indian Penal Code. The case was committed to the Learned Chief Judge, City Sessions Court, Calcutta and by the order impugned dtd. 28/2/2024 in Sessions case no. 55 of 2022, the learned Chief Judge framed charges against the petitioners under Sec. 323/348/302/167/193/409/34 of the Indian Penal Code. The petitioners filed an application under Sec. 227 of the Code of Criminal Procedure praying for their discharge from the case which was turned down by the learned Judge by the same order. The petitioners have assailed the said order and have sought quashing of the entire proceedings.

(3.) Learned counsel for the petitioners has submitted that the CCTV footage which was relied upon by the prosecution was not given to them. The learned trial Court framed charge under Sec. 302 of the Indian Penal Code though sanction for prosecution was granted and charge sheet submitted for offence under Sec. 304 of the Code. No reason has been assigned by the learned trial Court as to what prompted him to frame charge under Sec. 302 despite the fact that the investigating agency did not find any material under Sec. 302 during investigation and chose to submit charge sheet under Sec. 304. The petitioner Subhajit Banerjee was on leave at the relevant time and has no nexus with the alleged incident.