ANIL KR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE order dated 28th July, 2008 passed by the learned Chief Metropolitan Magistrate, Calcutta in connection with g. R. Case No. 2588 of 2000 arising out of hastings P. S. Case No. 293 dated 3rd August, 2000 under Sections 306/ 120-B of the indian Penal Code rejecting the prayer of the petitioner for further investigation into the case is under challenge in this application under Section 482 of the Cr. P. C. at the instance of the brother of the deceased.

(2.) THE opposite party Nos. 2-9 are members of a religious order called 'iskcon'. The petitioner's brother was also a member of the said order and a follower of ISKCON Revival Movement. His brother was allegedly and falsely implicated in a criminal case being Ballygunje P. S. case No. 74 dated 29th june, 2000 under Section 376 of the I. P. C. He was arrested on 29th June, 2000 and detained injudicial custody till 2nd August, 2000. On 3rd August, 2000 at about 5. 20 a. m. , the inmates of the Presidency Correctional Home and the Superintendent of that home found his brother Sureswar Das hanging from the top of an iron bar at Cell No. 32 by his Uttario. However, on 24th July, 2001 the investigating agency submitted a final report praying for initiating a proceeding against the complainant of that criminal case under Section 211 of the I. P. C. on the ground that the allegation was in an untrue case. Prayer was allowed. On 3rd August, 2000 the day on which Sureswar Das committed suicide one Phanibhushan Maiti the superintendent of the Presidency Correctional Home lodged a written complaint against the O. P. No. 2-9 which was registered as Hastings P. S. case No. 293 dated 3rd August, 2000 under Sections 306/120-B of the I. P. C. In the F. I. R. of this case it has been mentioned that in the personal diary of the deceased there was found one suicidal note wherein it has been revealed that these O. P. Nos. 2-9 were responsible for the death of the deceased, but the investigating agency submitted a final report in this case praying for dropping of the case in favour of the O. P. Nos. 2-9. In the final report the investigating agency observed that there was dispute between two groups of the said ISKCON-one group at Calcutta and another at Mayapur. The petitioner herein filed a complaint under Section 200 of the Cr. P. C. against the opposite parties herein lodging commission of offence under Sections 120b, 211, 376 read with Section 500 of the i. P. C. and the Magistrate after considering said petition of complaint issued process against the alleged victim of rape and others under Sections 211/500, I. P. C. However, being aggrieved with the final report in the case under Sections 306/120b of the I. P. C. the petitioner filed a petition under Section 173 (8) of the Cr. P. C. praying for further investigation of the case. The learned magistrate is said to have rejected the petition on 28th July, 2008 without considering the materials on record arbitrarily. It is the contention in the petition that the deceased Sureswar Das left behind him a suicidal note, since recovered by the police, wherein the deceased categorically stated that the O. P. Nos. 2-9 were responsible for the death of Sureswar Das. Since the suicidal note fulfilled the essential ingredients of the offence punishable under Section 306 of the I. P. C. the learned Magistrate neglected to consider the matter.

(3.) THE learned Chief Metropolitan Magistrate by the order dated 28th July, 2008 has recorded that during the investigation the standard handwriting of Sureswar Das was seized and sent to the Questioned Document Bureau, C. I. D. , Bhavani Bhavan, along with the diary containing the suicidal note for examination and report. The report of the expert was that the writings of the suicidal note agreed with the standard handwriting of the deceased but the expert wanted more standard handwritings for a definite conclusion. The learned Magistrate further recorded that the investigation revealed that the persons who had been mentioned in the suicidal note as responsible for the death of the deceased belonged to the Mayapur branch of the ISKCON, while the victim Sureswar Das was the member of the Calcutta group of the ISKCON which is a rival group. The victim was mentally depressed as he could not secure bail. Thus observing the Magistrate observed that there was no point in further investigation of the case.