DULAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present case arising out of an application under section 482 of the Criminal Procedure Code is directed against the judgment and order dated 13th March, 2006 passed by learned Additional District and Sessions Judge, 4th Court, Alipore, 24-Parganas (South), affirming the order dated 27.02.2003 passed by the learned Sub-Divisional Judicial Magistrate, Alipore, in connection with Canning Police Station Case No. 160 dated 25.12.2000 under section 302/34/120B of Indian Penal Code read with section 25/27 of the Arms Act, (corresponding to BGR No. 4965/2000) pending before the learned Court of Additional Chief Judicial Magistrate, Alipore, 24- Parganas (South).

(2.) Grievances of the petitioner may briefly be stated as follows: A complaint was lodged by one, Chittaranjan Mirdha, with the Inspector- in-Charge of Canning Police Station alleging that on 25th December, 2000 at about 12-00 noon when his son, Dipak Mirdha, was in a saloon under the name and style, "Sundaram" at Canning Bus Stand, he suddenly sustained a gunshot injury on his person. Upon hearing the sound of such gunshot and the chaos, which resulted thereby the third son of the complainant, rushed to the spot. With the help of others, the victim was shifted to Canning Hospital where he was declared dead. There was previous enmity between the victim and one, Azimuddin Laskar of Basanti Police Station and Kartick Bose of Canning P.S. over the decoration of Canning Dock ferry-ghat. In 1999, one Anil Thakur, was murdered by some anti-social elements near Canning Hospital. Arnab Roy, Pradhan of Dighirpar Gram Panchayat, falsely implicated the complainant's son, being the victim, in connection with that murder.

(3.) On the basis of such complaint, Canning P.S. Case No. 160 dated 25.12.2000 was started. After completion of investigation, the Investigating Authority submitted chargesheet No. 141 dated 29.07.2001 implicating Animesh Haider @ Kuche, Rajesh Dhali, Selim Gayen, Rafique Dhali and Rajab Ali @ Daktar as accused persons. On the basis of such chargesheet, the learned Court of Sub-Divisional Judicial Magistrate, Alipore, by order dated 31.08.2001 took cognizance of the offences under section 302/34/ 120B of the Indian Penal Code read with section 25/27 of the Arms Act and directed issuance of warrants of arrest against the absconding accused persons.