ARUNAVA DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This is an application under section 401 read with section 482 of the Cr.P.C. praying for setting aside the order dated 7.9.95 passed by the Assistant Sessions Judge 4th Court, Alipore in Sessions Trial Case No. 1(1) of 1995.

(2.) The case of the petitioner is that an FIR under section 306/498A IPC was lodged against him by one Debasish Roy on 26.5.91 which was treated as FIR giving rise to Jadavpur P.S. Case No. 296 dated 27.5.91 which was investigated by the O.C., Baisnabghata P.S. at the first instance and thereafter by CID West Bengal. The allegation contained in the FIR are of ill-treatment by the petitioner on his wife and subsequent death of petitioner's wife due to burn injuries alleged to have been caused by bursting of a stove.

(3.) The investigation ended in a charge sheet being No. 32 dated 1.3.93 and after cognizance was taken by the Sub-Divisional Judicial Magistrate, Alipore, the case was committed to the Court of Sessions and ultimately transferred to the Court of Assistant Sessions Judge, 4th Court. Alipore who framed charges against the accused petitioner under section 306/498A IPC.