LABANYA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C.Biswas and Mr. A.K. Hussain. Also heard learned Government Advocate.

(2.) Allegedly the husband of the petitioner, Mr. Akan Sharma succumed to the injuries due to Police atrocities while was in Police custody on 13.2.02. Initially, the Police was reluctant to register any criminal case. Being compelled, the widow-petitioner lodged a criminal complaint before the Chief Judicial Magistrate, Nalbari. The case was trasferred to the learnd SDJM, Nalbari and the learned SDJM, Nalbari took cognizance, exhausted the provision of section 202 Cr. PC and issued process against as many as 5 police official as accused persons. After commitment, the learned Sessions Judge, Nalbari framed charge under Section 302 IPC against all the accused Police officials. After commitment, the learned Public Prosecutor failed to expose keenness in coducting the case, rather at the time of hearing of bail matter, the learned Public Prosecutor had remained silent in allowing the bail petition to be granted. In granting bail, the learned Sessions Judge vide his order dated 1.7.02 observed as follows:-

(3.) The petitioner also made representation to the Sectretary, Legal Service authority, Government of Assam on 19.2.03 seeking appropriate remedy. But, unfortunately that was not attended to. By representation dated 19.2.03, the petitioner requested the Legal Remembrancer, Government of Assam to provide her with a lawyer of her choice. The related part of her prayer is reproduced below:-