ANANTA KR MONDAL Vs. BEPIN BEHARI NASKAR

JUDGEMENT

(1.) This is a petition for revision of an order of the Additional Sessions Judge, of 24-Paraganas, dated the 10th July, 1956, by which the petitioner's application for a further enquiry was rejected.

(2.) The petitioner Ananda Krishna Mondal 2s a brother of Pran Krishna alias Palan Mondal who, it is said, was murdered on the night of the 23th, February, 1955, at the house of opposite party Bholanath Haldar in the village of Beota within Police Station Bhangar. The allegation is that all the six opposite parties murdered Pran Krishna and left him in a field close by. The petitioner lodged information with the Bhangar Police on the 3rd March, 1955, after discovery of the dead body in the field. The police held the usual investigation and submitted on the 6th August, 1955, a final report stating that the case was true, taut no clues had been obtained as respects the culprits. Thereafter a Naraji petition was filed on the 5th September, 1955, and it was judicially enquired into by a Magistrate of the First Class. It was eventually reported as the result of the inquiry that no prima facie case had been made out against the opposite parties. The report was Placed for consideration of the learned Magistrate who had directed the judicial enquiry, and he dismissed the complaint on the 7th April, 1956, under Section 203 of the Code of Criminal Procedure. Against this order the petitioner applied to the Sessions Judge under Section 436 of the Code for a further enquiry into the complaint; the learned Additional Sessions Judge who dealt with the matter refused the application by his order, dated the 10th July, 1956, whereafter the Petitioner obtained the present Rule.

(3.) The question that arises for consideration in this Rule is whether in the facts and circumstances a further enquiry should be directed into the petitioner's complaint. Several points have been made by Mrs. Nag on behalf or the petitioner and my attention has been drawn to excerpts from evidence at the judicial enquiry with a view to showing that the order of the learned Judge as also that of the Magistrate are wholly unjustified.