SANDIP BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application has been preferred under Section 482 of the cr. P. C. praying for quashing of G. R. Case No. 467 of 2006, as pending before the learned Chief Judicial Magistrate, Suri.

(2.) CASE of the petitioner is that he is working as a headmaster of kubirpur High School at Hatzanbagar, Suri for the last seven years. One Sukhen saha was an Assistant Teacher in the said school. On 31. 10. 2006 said Sukhen sana committed suicide by consuming poisonous tablets in the school campus. Although, he was taken to the hospital but ultimately he died on the same night -. Due to such incident, a written complaint was lodged by one Saroma saha, the opposite party No. 2, the wife of Sukhen Saha on 31. 10. 2006 stating therein that her husband was harassed by the petitioner. It was stated therein that the petitioner being the headmaster of the school threatened her husband in different ways by way of demanding money and also by threatening him to cause damage to his service career. It was further stated in the written complaint that the deceased, out of fear gave money to the petitioner who did not repay the same. The defacfo-complainant further alleged that the petitioner abused her husband in front of other teachers of the school and further threatened him to damage his service career. Said Sukhen Saha disclosed all those facts to the defacto-complainant and other family members. On 30. 10. 2006 Sukhen saha returned back from the school and without taking his meal went to bed. On 31. 10. 2006 Sukhen Saha went to the school and he attempted to commit suicide by consuming poisonous tablets.

(3.) ON the basis of the said complaint, Suri P. S. Case No. 181 of 2006 dated 30. 10. 2006 was started under Sections. 116 and 309 of the Indian Penal code. Thereafter, as Sukhen died in the hospital, so the Investigating Officer made a prayer before the learned Magistrate for adding Section 306 of the indian Penal Code and such prayer was allowed and investigation was taken up on the basis of the prosecution claim that the accused/petitioner committed an offence under Section 306 of the Indian Penal Code.