BISHNU CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) The petitioners by filing the instant application under section 401/482 of the Code of Criminal Procedure sought for quashing of the impugned proceedings as well as for setting aside the impugned order dated 17th May, 2006 passed by the learned Additional Chief Judicial Magistrate, Barrackpore, 24-Parganas (North) in G. R. Case No. 258 of 2006.

(2.) It relates to Bizpure P. S. Case No. 18 of 2006 dated 19th January, 2006 under section 306/120B/34 of the Indian Penal Code

(3.) The backdrop of the present case may briefly be stated as follows: One Sovana Routh filed an application under section 156(3) of the Code of Criminal Procedure before the learned Court of Additional Chief Judicial Magistrate, Barrackpore on 3rd January, 2006 against the present petitioners. She alleged that she is a widow. Her son, Keshab Routh, constructed his own house and was residing there with his family situated at Sharat Villa Gali, Kanchrapara Police Station, Bizpur. On 22nd November, 2005 the son of the complainant met her mother and told her that he was going to his house to meet the intending buyers of his house and at about 3.30 p.m. he left for his house. He felt asleep and as such could not bear the call of the buyers, who came to meet him. At about 5.30p.m. accused Manju Ganguly called up the son of the complainant. She entered into the house along with other accused persons and threatened him and wanted him to sell the house to none other than Goutam Ganguly.They assaulted him with fists and blows. The cpmplainant's son, Keshab, was terrified and shocked. The accused persons threatened to implicate him in a scandal involving woman. They forcibly took him to the party office of CPIM where he was again heckled and threatened. They told the son of the complainant to pay Rs. 50,000/- to the party office. He collected the amount and handed over the same to the accused persons. The complainant found her son in a distressed condition and only on enquiry could know about all these. She asked her son to lodge complaint but she was told that the accused persons had threatened to kill him if he goes to the police. On 24th November, 2005, Chandan and Bishnu called the son of the complainant in the evening and asked him to hand over the deed of his house. The complainant's son, accordingly, approached her for such deed. The complainant, however, refused to hand over the same. On 26th November, 2005 in the morning the son of the complainant met his mother and told her that he had no alternative but to commit suicide due to inhuman torture and assault by the accused persons. He went out of the house and committed suicide by throwing himself before a running train at Kanchrapara Railway Station. The complainant due to such sudden tragic death of her son was in trauma for quite sometime. Thereafter, she went to the police. She was assured of necessary redress, but to no avail. The complainant lodged complaint before the Sub-Divisional Police Officer, Barrackpore. A petition of complaint was filed, which was referred to Bizpur Police Station for investigation after treating the same as First Information Report. The police authority after completion of investigation submitted chargesheet under section 306/120B/34 of the Indian Penal Code. The learned Additional Chief Judicial Magistrate, Barrackpore, by order dated 17th May, 2006 took congnizance. The petition of complaint was filed on 3rd January, 2006 after a lapse of more than one month from the date of the alleged incident, which took place on 22nd November, 2005. There was no explanation for such inordinate delay. The wife of the deceased, namely, Rekha Routh filed a petition of complaint under section 156(3) of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Barrackpore on 21st February, 2006 vide M. P. Case No. 81 of 2006 against the de facto complainant of the present case and four other accused persons, namely, Uttam Routh, Khokan Routh, Madhusudan Routh and Pintu Routh alleging commission of offence punishable under section 498A/120B of the Indian Penal Code. The learned Additional Chief Judicial Magistrate, Barrackpore, referred the said complaint to Bizpur Police Station for investigation. The wife of the deceased also affirmed an affidavit before the learned Court of Executive Magistrate declaring that her mother in law had filed the case falsely against the present petitioners and others as named in the First Information Report.