STATE Vs. SANKAR HALDER

JUDGEMENT

(1.) THE State has filed this application under Sec. 401, read with Sections 482 and 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code) against an order dated 19. 9. 81 passed by the learned Sub-Divisional Judicial Magistrate, Diamond Harbour, 24 Parganas, in Case No. G. R. 398/81 under Sections 376|354 of the Indian Penal Code, committing the case to the Court of Sessions without allowing the police to make any further investigation u|s. 173 (8) of the said Code. In the present application the accused is the opposite party No. 1 and the complainant-girl is the opposite party no. 2.

(2.) THE victim girl (complainant) who is the opposite party No. 2 herein lodged an F. I. K. at Falta Police Station on 25. 3. 81 alleging inter alia that the accused (opposite party No. 1 herein) has committed offences under Sections 376 and 354 IPC in respect of her. On 25. 5. 81 the police submitted a charge-sheet against the accused under Sections 376/354 i. P. C. showing the accused as absconding. On 5. 6. 81. the accused surrendered and was released on bail. Thereafter, the police made prayers for further investigation for ascertaining the age of the victim girl as well as for a potency test of the accused.

(3.) THEREAFTER, the victim girl made an application before the learned S. D. J. M. for further investigation by the C. I. D, west Bengal, as he alleged that certain facts showed that the local investigating agency did not properly investigate the case. She, inter alia, alleged that the investigating officer did not arrest the accused even after his application for anticipatory bail was rejected and did not take any step to arrest him. She further alleged that the investigating officer directly submitted the charge-sheet without examining material witnesses before whom the accused was alleged to have confessed his guilt.