SUBHAS CHANDRA PRATIHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Sections 401 and 482 of the Code of Criminal procedure is directed against the order No. 7 dated 11. 8. 1984 passed by learned Additional Sessions Judge, 2nd Court, Murshidabad in Sessions Serial no. 52 of 1984 whereby and whereunder the learned additional Sessions Judge transferred the case to the Court of learned S. D. J. M. , Lalbag for trial, holding that none of the offences was exclusively triable by the Court of Sessions. The learned Judge also framed charge against all the accused persons under sections 143, 323/34, I. P. C. excepting Dr. Chatterjee and a separate charge under Section 323/109, I. P. C. was framed against Dr. Chatterjee. Being aggrieved by the said order, Dr. Subhas Chandra Pratihar, the defacto-complainant has preferred the instant application.

(2.) THE case of the petitioner herein, in short, is that he is a Medical practitioner and joined the department of Health and Family Welfare under the State of West Bengal on May 24, 1973 and was superannuated on July 31, 2002 as Professor of urology, Institute of Post Graduate Medical Education and Research, Calcutta. On 12th May, 1981 at about 9. 30 A. M. while he was discharging his official duties as Medical Officer (Surgeon) in the Sub-Divisional hospital at Lalbag, a group of hooligans under the arrangement, dictate and leadership of the OP. No. 4 herein entered into the said hospital and abused the petitioner in filthy language without any reason. The said persons assaulted petitioner with fists, blows and slaps causing serious injury to the facial portion of the petitioner which also resulted in the dislocation of a tooth. As a result of the said injury he became senseless and owing to the timely intervention of the staff of the hospital his life was saved. O. P. No. 4 was initially posted there as a Medical Officer and thereafter as a Sub-Divisional Medical Officer. The petitioner soon after the said incident lodged a complaint with the Murshidabad p. S. and the Murshidabad P. S. Case No. 2 dated 12th May, 1981 under sections 147, 153, 332, 448, 333 and 120b, I. P. C. was started. Upon completion of the investigation, charge-sheet was submitted and in addition to the said sections, Section 186, I. P. C. was also added in the charge-sheet Against all the accused persons including O. P. No. 4. Prior sanction was accorded by the health Department as required under Section 197 of the cr. P. C. Some accused persons made an application before the learned S. D. J. M. , Lalbag praying for consideration of the charges as made out in the charge-sheet submitted by the police. At the time of hearing of the said application, the learned Additional public Prosecutor strongly objected to the hearing of the said application on the ground that the offence under Section 333, I. P. C. was exclusively triable by Court of Sessions and the learned S. D. J. M. had no jurisdiction to entertain any application and there was no option but to commit the case to the Court of sessions. The learned S. D. J. M. held that the charge under Section 333, I. P. C. was not sustainable and decided to try the case himself without committing the same to the Court of Sessions.

(3.) THE petitioner being the defacto-complainant and aggrieved by the said order dated 17th August, 1981 moved a criminal revisional application before the Hon'ble Court being GRR No. 1999 of 1981. The said application was disposed of by the Hon'ble Court directing the S. D. J. M. to commit the case to the Court of Sessions for the offence under Sections 147, 333, 353, 448 and 120b, I. P. C. Thereafter the case was committed to the Court of sessions and the same was transferred to the learned Additional Sessions judge, 2nd Court, Murshidabad, whereupon the learned Judge at the time of consideration of the charge passed the impugned order holding that there was no material to frame charge under Section 333, I. P. C. Being aggrieved by the said order the instant application has been filed.