(Ahok Kr. Todi vs C.B.I.) on 12 June, 2017

IN THE HIGH COURT AT CALCUTTA
(CRIMINAL REVISIONAL JURISDICTION)
C.R.R. No. 1396 of 2011
(Ahok Kr. Todi vs. C.B.I.)
With
C.R.R. No. 1397 of 2011
(
Pradip Kr. Todi vs. C.B.I)
With
C.R.R. No. 1549 of 2011
(
Anil Saraogi vs. C.B.I.)
With
C.R.R. No. 1573 of 2011
(
Ajoy Kumar vs. C.B.I)
With
C.R.R. No. 3512 of 2011
(
C.B.I. vs. Ajoy Kumar Ors.)
With
C.R.R. No. 1494 of 2011
(
Rukbanur Rahaman vs. C.B.I. Ors.)
With
C.R.R. 1499 of 2011
(S. M. Mohiuddin @ Pappu vs. C.B.I.)

Present : The Hon’ble Justice Siddhartha Chattopadhyay

For the Petitioner : Mr. Milon Mukjerjee, Sr. Adv.,
(in C.R.R. 1396 of 2011) Mr. Sandipan Ganguly, Sr. Adv.,
Mr. S.K. Kapoor, Sr. Adv.,
Mr. Ayan Bhattarcharjee,
Mr. Ayan Chakraborty.

For the Petitioner : Mr. Sekhar Basu, Sr. Adv.,
(in C.R.R. 1397 of 2011) Mr. Sandipan Ganguly, Sr. Adv,
Mr. Ayan Bhattarcharjee,
Mr. Ayan Chakraborty.

For the Petitioner : Mr. Tarique Quasimuddin,
(in C.R.R. 1499 of 2011) Ms. Sanchita Chowdhury,
Mr. A.I. Khan.

For the Petitioner
(in C.R.R. 1573 of 2011) : Mr. Milon Mukherjee, Sr. Adv.,
Mr. Biswajit Manna.

For the De facto Complainant : Mr. Moyukh Mukherjee.

For the C.B.I. Petitioner
(in C.R.R. 3512 of 2011) : Mr. Ashraf Ali.
For the Opposite Party 3 4
(in C.R.R. 1494 of 2011) : Mr. Rajdip Majumdar,
Mr. Kausik Gupta,
Mr. Soumya Roy Chowdhury,
Mr. Sanjiv Kr. Trivedi,
Mr. Sourav Bhagat.

Heard On : 10.04.2017, 11.04.2017,
13.04.2017

,
17.04.2017, 18.04.2017,
19.04.2017,
20.04.2017, 24.04.2017,
27.04.2017, 28.04.2017,
02.05.2017, 03.05.2017,
04.05.2017, 05.05.2017,
08.05.2017,
11.05.2017, 12.05.2017,
15.05.2017,
16.05.2017, 18.05.2017,
19.05.2017.

C.A.V. On : 19.05.2017.

Judgment Delivered On : 12.06.2017.

Siddhartha Chattopadhyay, J.:

All these revisional applications arose from the Order No. 57 dated

21.04.2011 in S.C. 103 of 2008 and Order No. 1 dated 21.04.2011 in S.T. 2

(11) passed by the learned Court below. By the impugned orders, the

learned Court below dismissed, the applications under Section 227 of

Cr.P.C. of the present petitioners of C.R.R. 1396 of 2011 (Ashok Todi vs.

CBI), C.R.R. 1397 of 2011 (Pradip Todi vs. CBI), C.R.R. 1549 of 2011 (Anil

Saraogi vs. CBI), C.R.R. 1573 of 2011 (Ajay Kumar vs. CBI), C.R.R. 1499 of

2011 (S.M. Mohiuddin @ Pappu vs. CBI), C.R.R. 3512 of 2011 (Sukanti

Chakraborty, Krisnendu Das vs. CBI), and thereafter framed charges under

Sections 306/120B/506 of I.P.C. against Ashok Todi, Pradip Todi, S.M.

Mohiuddin @ Pappu and under Sections 506/120B I.P.C. against Ajay

Kumar, Sukanti Chakraborty and Krisnendu Das. The C.B.I as well as
Rukbanur Rahaman also challenged the impugned order stating inter alia

that the police officials also ought to have been charged under Section 306

of I.P.C. By the consent of the parties, all these revisional applications be

disposed of by a common judgment.

2. By way of prefatory observations, I may be permitted to mention that even

nearly after 70 years of our independence a few narrow-minded people have

some superstitious beliefs. In spite of significant developments in modern

science and technology, we find a few conservative people still believe that

marriage must be within the same religion and of same financial status.

Such baseless and unfounded attitude sometimes may lead to family

disasters. The allegation, if proved, may be a glaring example of that. The

young couple dreamt of a rosy life but within a week that became a jinxed

matrimony. When the victim decided to take the help of police officials, the

protectors allegedly took the role of predators. When he wanted to take the

help of law enforcing agency, that agency turned a deaf ear to. As a result,

the said law enforcing agency became a teasing mirage to the victim.

3. Before adverting to the rival contentions of the respective parties, let me

unbox the prosecution case which contains the statements of about 116

charge-sheeted witnesses and many documents, most of which are of

foreignsic importance.

4. The prosecution case in a capsulated form is such that the victim was

working in Arena Multimedia and Priyanka was a student of that Arena

Multimedia. The principal accused Ashok Todi is the owner of a well-known

company (‘Lux Cozy’). In course of working at Arena Multimedia, the victim

developed an intimacy with Priyanka, which ultimately led them to marry
each other under
Special Marriage Act. Initially the victim did not disclose

about his marriage with Priyanka to his relatives. On 26th August, 2007 for

the first time he disclosed his elder brother that he had married Priyanka.

On 30.08.2007 the victim told his uncles, who advised him to intimate

about the marriage to the parents of Priyanka. On 31.08.2007 the victim

informed Commissioner of Police, Calcutta regarding their marriage and also

sought for police protection. He has also informed the same to the S.P. North

24 Parganas, S.P. South 24 Parganas, D.C. South. He has also delivered a

letter to local police station (Karaya) stating that he has married Priyanka

lawfully. After getting the news of such marriage, father and uncles of

Priyanka (Ashok Todi, Pradip Todi and Anil Saraogi) reached their house and

they were talking with his uncles. Subsequently, the victim and Priyanka

came to the house of the victim and seeing them Ashok Todi became very

angry. Priyanka protested stating that she had married him. Ashok Todi and

Pradip Todi did not like to accept the marriage and asked Priyanka to go

back to her father’s place at Salt Lake, which Priyanka had refused. Despite

several requests when the couple did not accede to their request, Ashok Todi

wanted to have a discussion with Priyanka exclusively. Ashok Todi took the

Priyanka in an adjoining room, where both Priyanka and Ashok Todi held

discussion. Anil Saraogi also requested the de facto complainant to send

back Priyanka otherwise they would do the same forcibly. However, in the

meantime a telephonic call was received by Pradip Todi claiming that

Priyanka’s mother had fallen ill. In spite of that Priyanka did not want to go

back to her parents’ house. On that day at or about 11:30 P.M., Pradip Todi

again came and persuaded her to return to their house but Priyanka

refused. Not only that Pradip Todi also wanted to deliver a blank cheque to
the victim’s relations and asked them to fill up the amount as they wish, to

which all of them refused. At or about 12.30 night two police officials of

Karaya Police Station came and put pressure upon the family members to

send Priyanka to her parents’ house. When Priyanka refused to go to her

parents’ house, those police officials threatened them to send Priyanka back,

otherwise all of them would be arrested. After a few while Pradip Todi and

Anil Saraogi went away. Ashok Todi remained in their house for whole night

and put pressure upon Priyanka to go back to her parents’ house, but he

could not persuade Priyanka. On 01.09.2007 at or about 9:00 am, Ashok

Todi threatened them with a caution that if Priyanka would not return to her

parents’ house, then Rizwanur and his family members would face serious

consequences. On the same day in the afternoon the accused police officer

namely Krisnendu Das and one constable came to the house of the victim

and asked about marriage certificate of Rizwanur and Priyanka. After

checking the said marriage certificate, Krisnendu Das asked Rizwanur and

Priyanka to go to Lal Bazar, Police Headquarter and to make a statement in

writing before Sukanti Chakraborty and forced them to come along with

him. The victim’s elder brother called one ‘Pappu Bhaiyya’, who told him

that they need not go to police station and he would take care of. However,

they ultimately went there and found Ashok Todi, Pradip Todi, Anil Saraogi,

Umesh Kayal and Santosh Morarka waiting in the ‘Anti Rowdy Section’. The

accused Krisnendu Das persuaded Priyanka to go back to her parents’

house for few days but Priyanka refused. Thereafter, the victim was called

by Sukanti Chakraborty and she refused the request of Sukanti

Chakraborty. Being aggrieved at it, Sukanti threatened the victim that law

would be twisted against them. On 02.09.2007, one Hari, as driver of Ashok
Todi, came to the victim’s house and told him that Ashok Todi was ready to

give them any amount of money, flat, car to the uncles, if Priyanka goes

back to her parents’ house. The victim as well as his family members

refused the proposal. On that day at or about 7:00 pm one person (Mazid)

requested the uncle of the victim to send back Priyanka to her parents’

house otherwise they would be in danger. On 04.09.2007 the said ‘Pappu

Bhaiyya’ came to their house and told him that D.C. Headquarter wanted to

meet Rizwanur and Priyanka. They initially refused to go. Thereafter all of

them went to the office of Gyanwant Singh (D.C. Headquarter), where they

saw that Priyanka’s parents as well as Prodip Todi and his wife were present

in that chamber. Rizwanur was called by Gyanwant and he also threatened

and persuaded Rizwanur to send back Priyanka to her parents’ house.

Priyanka repeatedly refused their requests. On 07.09.2007 Priyanka was

told that her father had been admitted in Apollo Hospital due to serious

illness. At 1:30 pm Pradip Todi came and asked Priyanka to go to her

parents’ house but she refused. On that day at or about 2:30 pm Javed

Ahmed Khan, local M.L.A., came and made the same request. The said

M.L.A. rebuked Rizwanur as to why being a teacher he has married a

student. Thereafter the local M.L.A. left their house. At or about 6:30 pm,

Pappu Bhaiyya again came to their house and asked Priyanka and Rizwanur

to go to Apollo Hospital but Priyanka refused to go with him saying that they

may be kidnapped in that area, if they venture to go to hospital. On

08.09.2007 Krisnendu Das (a police personnel, one of the accused) again

came to their house stating that they have been summoned by Ajay Kumar

I.P.S. to meet him in his chamber. Pappu Bhaiyya also persuaded the victim

and Priyanka to go to Ajay Kumar but they refused. At that time Krisnendu
Das warned Priyanka and Rizwanur that Ajay Kumar had repeatedly given

him clear instructions that if they did not meet him, the consequences will

be serious and they will be forcibly taken in the evening. Being threatened,

Priyanka and Rizwanur became very afraid and thereafter agreed go to Lal

Bazar. At 3:30 pm again they met Sukanti Chakraborty, Krisnendu Das who

took them to Ajay Kumar. At that time Ajay Kumar wanted to arrest

Rizwanur on the charges of abduction and stealing of valuable articles. They

were not allowed to sit in visitors rooms. After a few while when they again

entered into the chamber of Ajay Kumar, he started shouting like anything

and told that Priyanka’s father had complained to him that Rizwanur had

abducted his daughter. Priyanka reacted saying that even if Rizwanur is

arrested on false charges, she would not go to her father’s house. Ajay

Kumar also told her that he would send her forcibly to her parents’ house, if

she did not agree. Ultimately after a long discussion it was held that

Priyanka would go to her parents’ house for seven days only and an

agreement was prepared. On behalf of Ashok Todi and Pradip Todi, one Anil

Sarogi (Meso) had drafted an agreement on a plain paper and when

Rizwanur tried to have a talk with his lawyer over phone, Sukanti became

angry and told his officers immediately to take Rizwanur into custody.

Ultimately on the basis of such agreement, Priyanka was taken to her

parents’ house on a stipulation given by Anil Sarogi that he would return

Priyanka after seven days and that was the last journey of Priyanka. Even

after seven days, there was no sign of returning of Priyanka. Rizwanur was

perplexed totally. He could not make any contact with Priyanka since then.

He then informed the matter to APDR and his close associates to help him.

On 21.09.2007 when the de facto complainant tried to contact with
Rizwanur continuously on his mobile, he could not get Rizwanur although

the cell phone of victim was continuously ringing. At or about 2:30 pm he

received call in his mobile by which de facto complainant was asked to reach

Dum Dum Police Station immediately, for identification of a dead body. They

proceeded to GRP Sealdah and identified the dead body of the victim. After

the cremation of the dead body they came back. Disclosing all these facts in

detail the de facto complainant lodged the F.I.R. and set the law into motion.

5. After a thorough scrutiny of all these revisional applications it seems to

me that this court is called upon to answer the following issues viz :-

(a) “What should be the basis of taking cognizance under Section 190

(1)(b) of Cr.P.C. read with Section 197 of Cr.P.C.?

(b) If the supplementary charge-sheet is filed, whether the Court is

bound to take cognizance only in respect of the offences as mentioned

in supplementary charge-sheet ignoring the first charge-sheet or not.

(c) If the Sessions Judge is bound to take cognizance only in respect

of the offences, which has been mentioned by the committal court?”

(d) What are the factors to be considered by the court at the time of

disposal of an application under Section 227 of Cr.P.C.

(e) When the court shall frame charges?

(f) Whether a direct/remote mental pressure associated with serious

criminal intimidation be treated as an abetment to commit suicide? When

and why a person commits suicide?

(g) When High Court can exercise its power under Section 482/401

Cr.P.C. for quashing of a proceeding?

Therefore, at first, I want to decide issue no. (a), (b), (c):

6. Learned Counsel Mr. Milan Mukherjee, Senior Advocate, at the very

outset submitted that the cognizance taken by the learned Courts below are

bad in law and only on this score the accused Ajay Kumar and Pradip Todi

should be discharged. He has also referred to several decisions of Hon’ble

Apex Court and contended that in view of the decisions of the Apex Court

the proceeding does not lie. The learned Counsel Mr. Mukherjee (C.R.R.

1573 of 2011) argued emphatically that the Magistrate concerned has

initially taken cognizance under Section 190(1)(a) of Cr.P.C. When such

cognizance was taken, requisite sanction under Section 197 Cr.P.C was not

there in respect of three police officers. According to him, Sanction was given

by the competent authority only under Section 120B/506 IPC and,

therefore, initial cognizance taken by the magistrate is bad in law. He

further argued that since sanction has been given excluding Section 306

IPC, so the learned Trial Court cannot take cognizance of the offence under

READ  An Application For Anticipatory ... vs 1. Sk. Hafizul Rahaman on 19 July, 2017

Section 306 IPC against the police officers.

7. Now, I am to describe what is ‘Cognizance’. The word ‘Cognizance’

has not been defined in the Code itself. On the basis of catena of decisions of

Hon’ble Apex Court as well as High Courts, it is held that the cognizance

means application of mind by the Magistrate for the purpose of initiation of

a proceeding. It is to be kept in mind that the cognizance is taken in respect

of the offences and not against offender. In a case under Section 190(1)(b),

the Magistrate has to consider the police report. The word used in Section
190 Cr.P.C. bear the words ‘may take cognizance of any offence’. Therefore,

the power of the magistrate is not restricted to the extent of police report

only. The magistrate has the power to take cognizance in respect of other

offences, even if the same is not described in the charge-sheet. But before

coming into such conclusion, the Magistrate has to apply it’s judicial mind.

It may be noted that the word cognizance is not esoteric or mystic

significance in criminal procedure code. A case can be said to be instituted

in a court only when the court takes cognizance in respect of the offence

alleged therein. Once cognizance is taken, it is the duty of the magistrate to

proceed against those offenders. The Section 190(1)(b) does not lay down

that the Magistrate can take cognizance of an offence only on the

Investigating Officer’s report if the investigation has made out a case against

the accused, the Magistrate can even ignore the observation the

investigating officer and can independently apply his mind on perusal of

case diary to ascertain if any offence is made out and then take cognizance

of the case, under Section 190(1)(b) Cr.P.C. and shall pass an order for

issuing process against the accused.

8. From the above discussion it is crystal clear that the magistrate has

the right to act independently without being biased by the report of the

police. In the instant case, initially CBI submitted charge-sheet under

Section 120B/506/306 IPC against all the accused persons including the

police officials. At the time of filing of such charge-sheet CBI had mentioned

that they opted for a sanction from the State and since that was not granted

at that time, they reserved the right to file the supplementary charge-sheet.

When the first charge-sheet was submitted, the Magistrate has applied his

judicial mind and issued the process against the police officials holding
specifically that the alleged offences committed by the police officers do not

come within the purview of their official duties including dereliction of their

duties. On the basis of such findings, he had issued the process. Therefore,

it seems to me that there is no error committed by the learned Magistrate.

Whether the act done by the police officers are purported to have been done

in their official capacity or not is a debatable issue. However, subsequently

supplementary charge-sheet has been submitted. The State Government has

accorded sanction in respect of the offences under Section 120B/506 IPC

against the police officials but did not accord sanction under Section 306

IPC. At the time of granting such sanction, the Governor has considered the

materials available on record and has come to a finding that the police

officer can be prosecuted only under Section 120B/506 IPC. The Section

197(4) Cr.P.C. specifically speaks that the State Government may determine

the person by whom, the manner in which, and the offence and offences for

which, the prosecution of such Judge, Magistrate or public servant is to be

conducted and may specify the court before which the trial is to be held.

9. We cannot keep our conscience into a cold storage that quite often it is

not possible at the initial stage of the proceeding to correctly determine

whether the acts complained of has any nexus with the official duties of the

accused. This question can be determined only after recording evidence. It

has been well settled position of law that there must be a reasonable

connection between the act complained of and the discharge of official duty

including dereliction of duty, if any, the act must bear such a relation to the

duty that the accused could lay a reasonable, but not a pretended or

fanciful claim that he did it in the course of the performance of the duty. On

perusal of the first charge-sheet, the learned Magistrate has taken the view
that it does not come prima facie within the ambit of ‘official duties’.

Whether the magistrate is correct in arriving at such conclusion is a

question to be gone into at the time of trial. Therefore, in my view, the said

order of the learned Magistrate passed in connection with the first charge-

sheet cannot be said to be illegal. There is no jurisdictional error. The

Section 190(1)(b) specifies that the Magistrate may take cognizance after

getting police report. When supplementary charge-sheet has been filed, the

learned Magistrate again took cognizance on the basis of the supplementary

charge-sheet, which cannot be thrown out as it is a part and parcel of the

former charge-sheet. The Section 190(1)(b) of the Code does not say that the

magistrate is debarred from taking cognizance in respect of the other

offences, when supplementary charge-sheet is filed.

10. The learned First Revisional Court has dealt with the issues

elaborately and came to a finding that the learned Magistrate had not

committed any mistake. In fine, I do not find any reason to take a different

view.

11. Learned Counsel appearing on behalf of the accused Ajay Kumar further

contended that without sanction, the learned Magistrate has taken

cognizance and it is bad in law. Sanction is a pre-condition for initiation of

proceeding against a public servant. At the very outset, he has also referred

to an unreported decision of WP 30684 (W) of 2008.

12. In that writ petition, the writ petitioner Kiswar Jahan and

another challenged that no sanction is required since the act complained of

does not come within the ambit of Section 197 Cr.P.C. In spite of that CBI

sought for sanction and Government of West Bengal accorded sanction
under
Section 120B/506 I.P.C, although charge-sheet has been submitted

under Section 306 I.P.C also. The learned Trial Court has taken cognizance

of offence under Section 306 I.P.C also. According to Mr. Mukherjee,

learned Chief Metropolitan Magistrate initially has taken cognizance under

Section 190 Cr.P.C. Thereafter, sanction was given in respect of Sections

120B/506 IPC, in terms of Section 197 Cr.P.C. Therefore, subsequently the

Court cannot take cognizance under Section 306 I.P.C since it has not been

accorded by the State Government. He added that when Government did

not accord sanction under Section 306 I.P.C, the Court cannot take

cognizance of that Section.

13. He also relied on the decision of writ petition as mentioned above.

On perusal of the said decision of Writ Court it appears that the said Court

did not come to any finding which has any relevance in this issue. The Writ

Court held following the decision of 1999 Cr.L.J. 3500 “23. The question of

necessity of sanction need be considered by the Sessions Judge if and

when raised by the accused. We have no doubt that the High Court

should not have embarked upon a discussion regarding sanction at

such a premature stage, that too in the writ petition filed by the

Samity. If the finding of the High Court is that no sanction is required

such finding has to be treated as bad mainly because that question has

to be decided after taking into account various considerations

including the fact situation in each case.” Therefore, the said decision is

not helpful for the present accused petitioner.

14. He has also relied on a decision reported in 2008(2) ECRN page

927 (Krishnendu Narayan Chowdhury vs. State of West Bengal) while
dealing with the said case, Hon’ble Judge has considered the definition of

cognizance. What is cognizance? The word cognizance means “jurisdiction”

or “the exercise of jurisdiction” or “power to try and determine causes”. The

Court, therefore, is precluded from entertaining a complaint or taking of

notice of it or exercising jurisdiction if it is in respect of a public servant,

who is accused of an offence alleged to have been committed during the

discharge of his official duty.

15. In that case the petitioner, a political entity, supported a call of

“Bangla Bandh” and he was proceeding towards district collectorate office

along with others, and then the police restrained him and assaulted.

Maintenance of law, order and peace is the first and foremost duty of police.

When there was chance of violation of law and order, certainly the police has

to interfere. If there was any excess done by the police authority that is to

be considered only after taking evidence. But since it was in course of

discharging official duty so sanction was very much required.

16. The learned Counsel appearing on behalf of the petitioner has

also referred to a decision reported in AIR (32) 1945 Federal Court on page

16. The said decision, it appears to me is not much relevant for

adjudication of this case. The learned Counsel has also referred to a

decision reported in AIR 1955 SC 287 (Ramayya vs. State of Bombay)

factual aspect of that case is such that the accused was in charge of

Government stores and the materials were disposed of dishonestly. The said

accused was in charge of the materials. The Hon’ble Apex Court decided the

issue on a premise that an official act can be done in the discharge of official

duty as well as in dereliction of it. If an act of a public servant is to be done
in a particular manner and if that is not done in that particular manner in

that case it is a dereliction of duty. But in this case that aspect is missing.

In this case, the police official prima facie exceeded their jurisdiction. It was

not at all their duty to call the young married couple in their chambers and

to ask them with red eyes for dissolution of the marriage and they made a

negotiation for handing over Priyanka to her parents’ custody.

17. A judgment reported in AIR 1966 Supreme Court 220 (Baijnath

Vs. State of Madhya Pradesh) was also referred. Divergent views were

taken by the Hon’ble Judges. But the ratio is: what is important is the

quality of the act complained of and the protection as contemplated under

Section 197 Cr.P.C. The offence may be entirely unconnected with the

official duty as such or it may be committed within the scope of the official

duty. If it is unconnected with the official duty there can be no protection.

Judgment in connection with P.Balakrishna Pillai Vs. State of Kerala

reported in 1996 SCC Criminal 128 was also cited. The Hon’ble Apex

Court has decided the issue holding that the ratio would be if the act

complained of has a direct nexus or relation with the official duties of a

public servant depends on the particular facts of the case. The learned

Counsel Mr. Mukherjee also drew the attention of this Court in regard to the

decision reported in 1996 Criminal 489 (Costao Fernanades vs. State

D.S.P. CBI, Bombay). After going through the factual aspect it seems to me

that the said judgment is totally irrelevant. In that case the Custom Officer

on the strength of the provision under Section 106 of Customs Act tried to

stop the vehicle by which smuggled goods were being carried. The driver of

the said vehicle resisted the public officer on duty and stabbed him for
which he sustained 22 injuries. Then the Customs Officer retaliated and as

a consequence the said driver died. The act of the Customs Officer to stop

the vehicle was well within his official work and the rest part he did was to

save himself.

18. He has also referred to a decision reported in 1997 SCC

(Criminal) 1120 (Mansukhlal Vithaldas Chauhan vs. State of Gujarat).

In the said decision, the Hon’ble Apex Court held that proper application of

mind by the authority concerned is required when question of sanction is

placed before them. High Court cannot direct the authority to accord

sanction. The petitioner also referred to a decision reported in 2000 CRLJ

4631 (Abdul Wahab Ansari vs. State of Bihar Anr.). Factual aspect of

that case is such that there was a dispute regarding a mosque between two

sects of Mohamedan residents. To control the volatile situation, 144 Cr.P.C.

was promulgated. In spite of that commotion continued. The appellant of

that case obviously acted in discharge of his official duties. Therefore,

sanction in such type of cases are required as a precondition. So the Apex

Court held that question of sanction can be raised even after the cognizance

was taken and need not wait till the Court reaches the stage of framing of

charge. Another judgment was also referred to, which is reported in (2014)

13 SCC 705 (Ashoke Meheta Anr. vs. Ramashray Singh Ors.). On

perusal of the said judgment it appears to me that the Hon’ble Apex Court

held that at the preliminary stage, the Court is to examine the same to

determine whether there is any need for sanction at all. These factors

depend on whether the alleged act done by the public servant is reasonably

connected with the discharge of his official duty, in which case the
protection of sanction under
Section 197 Cr.P.C. is available; and if it is not

so reasonably connected, the protection of Section 197 is not available. The

learned Counsel appearing on behalf of the petitioner highlighted the

decision reported in (2006) 4 SCC 584 (Sankarsan Moitra vs. Sadhana

Das). On a close scrutiny of the said judgment, I find that when a general

election was going on, the police received information that some persons

were creating disturbance near the polling booth. To work out the said

information, the police went there to disperse the unruly people. Therefore,

the police made lathi charge. The Hon’ble Apex Court held that it was within

his official duty.

19. It was also submitted by the learned Counsel appearing on behalf

of the petitioner referring the judgment reported in 2008(3) AICLR page

169 (Anjani Kumar vs. State of Bihar). After a threadbare discussion,

the Hon’ble Apex Court implies the word “official duty”. It means act or

omission must have been done by the public officer in the course of his

service and that it should have been in discharge of his duty. The section

READ  Jagat Singh & Anr vs State Of Uttarakhand on 4 December, 2009

does not extend its protective cover to every act or omission done by a public

servant but restricts its scope of operation to only those acts or omission

which was done by a public servant in course of his official duty. Other two

judgments were referred, namely, 2008(2) ECRN page 1544 (Paresh

Chandra Kar vs. State and 2011(2) SCC (Criminal) 251

(S.Ramachandran Nair vs. Deputy Superintendent Vigilance). In my

view those judgments are not applicable in this case. Now, I am to consider

if the learned Magistrate is debarred from taking cognizance twice.

20. When police submits supplementary charge-sheet disclosing in

addition/alteration and deletion of any offence mentioned in charge-sheet at

the first instance, the magistrate can take further cognizance in terms of

Section 190(1)(b) read with Section 173 (5) of Cr.P.C., because 190(1)(b) can

be invoked only in respect of a police report. Therefore, magistrate may

consider any further report given in supplementary charge-sheet, because it

is also a police report. Section 190(1)(b) does not say that magistrate cannot

take cognizance further on the basis of supplementary charge-sheet.

Otherwise Section 173(5) of Cr.P.C. shall remain in the statute only without

any application. Therefore, issue no (a), (b), (c) are decided accordingly, in

favour of the prosecution.

Issue Nos. (d) and (e):-

(d) “What are the factors to be considered by the court at the

time of disposal of an application under Section 227 of Cr.P.C.

(e) When the court shall frame charges?”

21. Learned Counsel appearing on behalf of the respective parties have

submitted that there being no material in the statements recorded under

Section 161 of Cr.P.C. the learned trial court ought to have discharged the

accused persons. They also contended that since there is no material to go

for a trial, charges ought not to have been framed. Prior to delving into the

issue it would be profitable to refer to under Sections 227 and 228 of Cr.P.C.

Section 227. If upon consideration of the record of the case and the

documents submitted therewith, and after hearing the submissions of the

accused and the prosecution in this behalf, the Judge considers that there
is not sufficient ground for proceeding against the accused, he shall

discharge the accused and record his reasons for so doing.

Section 228. (1) If, after such consideration and hearing as aforesaid,

the Judge is of opinion that there is ground for presuming that the accused

has committed an offence which-

(a) Is not exclusively triable by the Court of Session, he may, frame a

charge against the accused and, by order, transfer the case for trial to the

Chief Judicial Magistrate, [ or any other Judicial Magistrate of the first class

and direct the accused to appear before the Chief Judicial Magistrate, or as

the case may be, the Judicial Magistrate of the first class, on such date as

he deems fit, and thereupon such Magistrate] shall try the offence in

accordance with the procedure for the trial of warrant-cases instituted on a

police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge

against the accused.

(2)Where the Judge frames any charge under clause (b) of sub-section (1),

the charge shall be read and explained to the accused and the accused shall

be asked whether he pleads guilty of the offence charged or claims to be

tried.

22. It is needless to say that Section 227 and Section 228 Cr.P.C. can

be termed as a precious safeguard i.e. pre-battle protection conferred upon

the accused by the statute.

23. In Section 227 Cr.P.C. the legislature in its wisdom used the

words ‘there is a sufficient ground for proceeding against the accused’
whereas in
Section 228(1) Cr.P.C. the legislature very consciously used the

words ‘there is ground for presuming that the accused has committed an

offence.’

24. If we consider the said Section 227 Cr.P.C. very meticulously we

would find that discharge is possible if there is no sufficient ground

(emphasis supplied). In Section 228 Cr.P.C., the Court is empowered to see

if there is ground for presuming that the accused has committed an offence.

For the purpose of discharge sufficient ground is required but in case of

framing of charge only ground is required. The legislature very

conscientiously omitted the word ‘sufficient’ in Section 228 Cr.P.C.

25. On a conjoint reading of section 227 and Section 228 it appears to

me that the Court is to be satisfied itself only to the extent that the

allegation raised against the accused is either grossly frivolous or there is

any suspicion/presumption that the offence has been committed. Be it

mentioned, that the Court should be very cautious in allowing an

application Section 227 Cr.P.C. because without affording any opportunity

to the prosecution to substantiate the allegation through witness, the

accused gets an escape from the net of law. The Court is to see if any

material for presumption is there or not. If the answer is affirmative, charge

has to be framed.

26. While dealing with such situation, the Court is not supposed to

make an in depth study about the evidence to be carried by the prosecution

during the trial. It is not the duty of the Court to consider every nitty-gritty

of the case and to sift and weigh the materials of case diary by making a

roving enquiry, to find out the probative value of evidence to be led. It
postulates just exercise of judicial mind of the Judge concerned. The test

that can be adopted by the Court is to consider if the statements and

documents collected during investigation are taken to be true would be

sufficient to uphold the charge or not.

27. On a microscopic examination of the statements made under Section

161 of Cr.P.C. by the charge-sheeted witnesses and the huge documents

specially call details report, polygraph test, CCTV footage, so far collected as

mentioned in the charge-sheet, I find that from the date of knowledge of the

marriage, the parents and relatives of Priyanka tried their level best to

dissolve the marriage. They took the help of top brass police officers and

politically influential person (Javed Ahmed Khan, local M.L.A.) and had also

offered to pay a handsome money to one Pappu Bhaiyya so that their lawful

marriage can be dissolved. From 01.09.2007 to 08.09.2007 there was

consistently consistent interference by the police officials of Lal Bazar. There

was persistent and serious mental torture from the said police personnel so

that Rizwanur disowns his wife. When the ice was not melted, those police

officers began to threat the victim that they would twist penal laws against

him and his family members. Days in and days out they called the victim

and his wife to report to the D.C. Office, Anti Rowdy Section and ACP office

and initially persuaded but when they found that those persuasion would

not click, they adopted the theory of threat. This apart, they engaged Pappu

(one of the petitioner) to dissolve the said marriage and in exchange of that

Pappu Bhaiyya was given a lucrative amount at I.T.C. Sonar Hotel, EM

Bypass. Video footage of that hotel reveals that Todi’s were there and Pappu

met them.

28. Here one important factor which deserves notice is that the cumulative

effect of the circumstances should be considered in determining the alleged

involvement of the respective accused persons rather than considering the

same on a solitary isolation.

29. The question as to whether the Court should proceed on the basis as to

whether the materials brought on record, even if taken on face value, to be

correct in their entirety, disclose commission of offence or not. It has to be

determined having regard to the entirety of materials brought on record by

the prosecution and not on a part of it.

Issue Nos. (f) (g):-

(f) “Whether a direct/remote mental pressure associated with

serious criminal intimidation be treated as an abetment to commit

suicide? When and why a person commits suicide?

(g) When High Court can exercise its power under Section 482/401

Cr.P.C. for quashing of a proceeding?”

30. Mr. Sekhar Basu, Sr. Advocate, argued on behalf of the accused

petitioner Pradip Todi and Anil Saraogi. After defining the term abetment he

contended that in the present case there is no such investigation not any

incitement to commit suicide. He further argued that in the suicidal note the

victim let off his father-in-law. He has forgiven his father-in-law. The very

suicidal note does not suggest that there was any kind of abetment or

incitement. Suicidal note does not disclose any kind of depression for which

the presence petitioners are liable.

31. Learned Counsel appearing on behalf of the petitioners, in

support of his case referred to a decision reported in 2002(5) SCC 371

(Sanju @ Sanjay Singh Sengar vs. State of Madhya Pradesh). The factual

aspect of that case was such that the appellant hurled abusive languages

upon the victim and also threatened him from entangling him in a case

under Section 498A IPC. After the marriage there was a long standing

dispute between the parties. On 25.07.1998 when the victim went to his

matrimonial home for bringing back of his wife, he was humiliated like

anything. After two days i.e. to say on 27.07.1998 he left a suicidal note

and committed suicide by hanging. The Hon’ble Apex Court after defining

Section 107 IPC came to the finding that the suicide note was not the direct

result of the quarrel. While coming to the finding Hon’ble Court relied on

the finding of Ramesh Kumar Vs. State of Chattisgore reported in (2001)

9 SCC 618. The Hon’ble Court held a word uttered in a fit of anger or

emotion without intending the consequences to actually follow cannot be

said to be an instigation.

32. He has also relied on a decision reported in 1995 Suppl. (3) SCC

438. (Swami Prahlad Das vs. State of M.P.) Ratio of the said judgment is

the appellant said to have uttered for the deceased to “go and die”. Those

words are casual in nature which are often employed in the heat of the

moment between quarrelling people. Noting serious is expected to follow

thereafter. The said act does not reflect the requisite mens rea on the

assumption that those words would be carried out in all events. He has also

drawn my attention to the decision reported in (2010) 12 SCC 190

(S.S.Cheena Vs. Vijay Kumar Mahajan Ors.). There the Hon’ble Apex

Court observed that the deceased was undoubtedly hypersensitive to
ordinary petulance, discord and differences which happen in our day to day

life. Human sensitivity of each individual differs from the other. Different

people behave differently in the same situation. Abatement involves a

mental process of investigating a person or intentionally aiding a person in

doing of a thing without a positive act on the part of the accused to

investigate or aid in committing suicide, conviction cannot be sustained.

The intention of the legislature and the ratio of the cases decided by the

Supreme Court is clear that in order to convict a person under Section 306

IPC there has to be clear mens rea to commit the offence.

33. He has also referred to a decision reported in (2012) 13 SCC 614

(Satish Mehera Vs. State (NCT of Delhi) Anr.) and submitted that

Section 482 can be invoked even after framing of charge. Factual aspects of

that case is such that one of appellants was the Chief Manager of the bank

and other was the Senior Manager. What role did they play in the payment

of fixed deposit or cancelling fixed deposit was not disclosed either in FIR or

in the course of investigation. Considering the said fact of that case, Hon’ble

Apex Court came to a finding that it is not permissible in law to permit a

prosecution to linger, limp and continue on the basis of a mere hope and

expectation that in the trial some material may be found to implicate the

accused. Such a course of action is not contemplated in the system of

criminal administration of justice.

34. Mr. Basu in his usual eloquence made an erudite submission that

sometimes in a society which consists of different communities, norms,

practices and even prejudices entertained by the members of a community

largely control their social attitude. Such attitude may not be commendable
or accepted by the other communities, yet practices/prejudices continue the

signature tune in the life of particular community.

35. I find there is no reason to differ with his views about the social

customs, usage and mind set of different communities. But the menace of

the custom should be axed. It would not be prudent to allow that mind set,

which has a detrimental effect, to go on. Now, we are in 21st Century and

not in 18th Century, when “Sati daha” system was prevalent. Our social

reformers like Raja Rammohon Roy, others rose to the occasion and as a

result, “Satidaha” system was abolished and at the instance of Vidyasagar,

Hindu Widow’s remarriage had seen the light of the day. Simply that

custom was there so it may be seen from that angle is not an acceptable

argument. It is true that a decade ago “Sati daha” (Roop Kanowar) took

place and recently “Khap Panchayat” came to the news. These are mere

exceptions. Indian culture does not permit it.

36. A poor Muslim boy, who is educated enough, fell in love with

Hindu girl and married legally to which that adult Hindu girl had full

consent. They led their conjugal life for some days. The parents-in-law,

who are business magnets, raised stiff opposition. They knew that they

could not dissolve the marital tie legally. So, they have taken the help of

Lalbazar i.e. High Officials of Calcutta Police Headquarter. Only by

encashing their business charisma, they got full support of the highly placed

top brass police officials and negotiated the issues so that the parents could

get back their daughter. Days together, there were meetings after meetings.

When the father and uncle failed to convince Priyanka to come back, they

took the help of police officer again. They have taken the plea that the
father of the girl was ailing and he desired to meet his daughter. On that

pretext, after giving an undertaking by one of the relations, (Anil Saraogi)

Priyanka was taken back to her parents’ house on the ground of seeing her

ailing parents. Curiously enough, within two days, so-called ailing father

took Priyanka to Tirupati so that the victim Rizwanur could not keep any

contact with Priyanka. It is anybody’s guess, as to what type of serious

READ  S.N. Dube vs N.B. Bhoir & Ors on 12 January, 2000

illness the father of Priyanka had.

37. When and why a person commits suicide? It depends on the mind

set of an individual. In similar circumstances, one may not commit suicide

but other does. But it is axiomatic truth that out of pleasure and joy nobody

commits suicide. Nobody commits suicide when he passes through his own

normal life. People take such stern decisions under certain circumstances.

No prediction is possible. Psycho-analysists and researchers of this field

have identified some factors, which drives a person to commit suicide.

38. These factors are sense of unbearable psychological pain, a sense

of isolation from others and a perception that death is the only solution,

when the said individual is temporarily unable to think candidly being

blinded by overwhelming pain. The researchers pointed out that negative

emotions, shame, anger, fear, sense of guilt and extreme sadness may be

the foundation for self-destructive behaviour.

39. There are many other prime factors such as recent extreme

stresses, social pressure, chronic pain, physical disease, social stigma, any

kind of trauma of permanent nature and severe depression, which are

considered as one of the reasons of suicide.

40. More often than not suicide stems from blocked or unfulfilled

psychological needs. This tends to be what causes the pain that the suicidal

act seeks to end. A pervasive sense of hopelessness, defined in terms of

pessimistic expectations about the future, is even more important than

other form of negative emotions, such as anger and depression, in predicting

suicidal behaviour. In such a situation, the person who commits suicide is

fully convinced that nothing can be done to improve his situation.

Sometimes some people contemplate suicide. They have ambivalent feelings

about this decision. Therefore, the suicide provides a distinctive way to

escape from intolerable circumstances, which includes painful self-

awareness. The cessation can be visualized as offering a solution to life’s

problems.

41. A person’s mind and body may react to trauma over a period time,

perhaps days, weeks or months so the people suffering from a trauma react

in different ways, suicide is the result of ‘psychotic’. An unbearable

psychological pain arising largely from frustrated psychological needs. It is

said there is a great deal of psychological pain in the world without suicide

but there is no suicide without a great deal of psychological pain.

42. In this instant case from the day of getting the news of marriage of

Priyanka with Rizwanur, the parents and relations of Priyanka tried tooth

and nail to dissolve the marriage. Initially they persuaded but failed.

Thereafter, offered bribe by placing a blank cheque. Again Rizwanur and

Priyanka refused. The parents took the help of police personnels of high

rank. This also initially did not click. Being induced by the parents, top

brass police officials began to threat Rizwanur to arrest on the ground of
abduction. At the behest of police an agreement was entered into by which

Priyanka was taken back to her parents’ house of seven days. She was

supposed to come back on 15.09.2007/16.09.2007. But she did not come

back. She was not kept in West Bengal. She was taken to Tirupati, Rizwanur

could not contact with his wife. Priyanka however made contact through

other’s phone on conference. Why conference call? When Priyanaka has cell

phone of her own. This indicates Priyanka’s mobile was not with Priyanka.

Conference call was there so that another person could hear their

conversation. Human Rights Commission was informed. A human right

organisation (APDR) also interfered. The victim was contemplating to take

legal action and out of fear he even could not remain in his house. He had to

take shelter in the house of his friends. During that period he could not

keep contact with his lady love. All these factors appear from the statement

recorded under Section 161 Cr.P.C. This apart, a huge money was given to

Pappu by Todi at ITC Sonar Hotel. Priyanka also corroborated that her

parents, relations and police personnels, constantly persuaded as well as

threatened Rizwanur for entangling him in a criminal case.

43. If one considers these facts, then it can be prima facie held such

activities are the clear indications to put Rizwanur in extreme depressed

condition. He could not fight with his parents’ in law, who are moneyed

men. Police did not give him any assistance rather they were hostile. Local

M.L.A. also turned hostile. Therefore, he had faced hindrances from four P’s

i.e. ‘Power of money’ (of Todi’s) ‘Police’, ‘Politician’, and ‘Poverty’, (his own).

He had no ventilator in his life, from where he could get oxygen to breathe.

These are the surrounding circumstances as appeared from the

investigation. Therefore, it appears prima facie that creation of such
situation is the cause of suicide. Such acts as described above are prima

facie the glaring examples of instigation and incitement.

44. Therefore, if we consider the cumulative effect of mental pressure put by

the accused persons associated with criminal intimidation and the factors

(as mentioned above) which leads person to commit suicide are taken

together then it prima facie comes within the purview of ‘abetment’.

45. In the words of Bertrand Russel ‘To feel tragedy, a man must be aware of

the world in which he lives, not only with his mind but with his blood and

sinews. ‘(Conquest of happiness)’. The victim’s note discloses all these

things.’

Issue No. (g)

(g) “When High Court can exercise its power under Section 401

Cr.P.C./482 Cr.P.C. for quashing of a proceeding?”

46. Now, this Court is to consider the scope of application of powers of

revision as enshrined in the Code itself. By virtue of power given under

Section 401 Cr.P.C. the High Court may in its discretion exercise any of the

powers conferred on a Court of appeal under Sections 386, 389, 390 and

391. The revisional jurisdiction of the High Court is very extensive and it has

given power to the High Court to consider the legality, regularity or propriety

of any proceeding. Although power is wide but are purely discretionary,

which is to be fairly exercised, according to the exigencies of each case. It is

axiomatic truth that unless there is a glaring defect in the procedure or

there is a manifest error on point of law or any flagrant miscarriage of

justice, High Court shall not interfere. The power of Section 482 Cr.P.C. is
very limited. Only in case of ‘abuse of process of the Court’ or ‘otherwise to

secure the ends of justice’, the High Court may rise to the occasion. Its

statutory recognition only indicates that there is a power to make such order

as may be necessary for the ends of justice. If we consider the section itself,

we would find that only under extreme circumstances this inherent

jurisdiction can be exercised viz. (a) to give effect to an order under the

Code, (b) to prevent abuse of the process of the Court, (c) to otherwise secure

the ends of justice.

47. In Lata Singh vs. State of U.P. Anr., (2006) 5 SCC 475, Hon’ble Apex

Court came down heavily on caste issue. “Castes system is a curse on the

nation and the sooner it is destroyed the better. In fact, it is dividing the

nation at a time when we have to be united to face the challenges before the

nation unitedly. Hence, inter-caste marriages are in fact in the national

interest as they will result in destroying the caste system. However,

disturbing news are coming from several parts of the country that young

men and women who undergo inter-caste marriage, are threatened with

violence, or violence is actually committed on them. ….. ….. …. We,

therefore, direct that the administration/police authorities throughout the

country will see to it that if any boy or girl who is a major undergoes inter-

caste or inter-religious marriage with a woman or man who is a major, the

couple is not harassed by anyone nor subjected to threats or acts of

violence, and anyone who gives such threats or harasses or commits acts of

violence either himself or at his instigation, is taken to task by instituting

criminal proceedings by the police against such persons and further stern

action is taken against such persons as provided by law.” But the activities

of police personnel in this case is as good as a sailor on a horse back.

48. From the detail discussion as made above I do not find any reason to

invoke power under Section 401 Cr.P.C. or 482 Cr.P.C. in this case.

Therefore, this issue is also decided in favour of the prosecution.

49. Learned Senior Counsels Mr. Sekhar Basu, Mr. Milan Mukherjee, Mr.

Sadipan Ganguly, Mr. Asraf Ali, Mr. Tarique Quasimuddin, Mr. Rajdip

Majumdar practically vigorously advocated their respective cases and this

Court had listened to them with great patience for about ten hours so that

their studious preparation may not remain unaddressed in this judgment. I

may be permitted to make it clear that the law applicable is not in much

dispute but the facts and circumstances of the case as mentioned in detail

may differ when the application of law is called for. Essence of a judicial

approach is objectivity, and exclusion of extraneous materials. In evaluating

the statements recorded under Section 161 Cr.P.C. and the documents

collected in course of investigation, at the time of consideration of charge,

the trial court should not glibly swallow that these statements and

documents may not be proved strictly in accordance with Evidence Act.

50. Therefore, the omega is: – C.R.R. 1396 of 2011 (filed by Ashok Todi vs.

CBI), C.R.R. 1397 of 2011 (filed by Pradip Todi vs. CBI), C.R.R. 1549 of 2011

(filed by Anil Saraogi vs. CBI), C.R.R. 1573 of 2011 (filed by Ajay Kumar vs.

CBI), C.R.R. 1499 of 2011 (filed by S. M. Mohiuddin vs. CBI) are dismissed.

51. In regard to C.R.R. 3512 of 2011 with C.R.R. 1494 of 2011 this Court is

of the view that Section 197(4) of Cr.P.C. gives power to the sanctioning

authority to specify the offences for prosecution. Therefore, there is no

apparent error committed by the learned trial court. Naturally the trial

would proceed against the police officials under Sections 506/120B of IPC.
One may be confused that there is an apparent conflict in between the

Section 197(4) of Cr.P.C. and Section 216(5) of Cr.P.C. One may raise a

question, if any Court wants to add or alter the charge in respect of a

specific offence for which no sanction was granted but sanction was granted

in respect of other offences on the same facts, whether Section 197(4) of

Cr.P.C. shall overlap Section 216(5) of Cr.P.C. or not? The Section 197(4) of

Cr.P.C. is as good as a passport to go on for a trial. So it is to be considered

only up to pre-trial stage. The Section 216(5) of Cr.P.C. comes into picture

only after the pre-trial stage and that can be applied any time before delivery

of judgment. So scope of the Section 216(5) of Cr.P.C. is wide enough than

that of the Section 197(4) of Cr.P.C. In the interest of academic discussion I

want to amplify the Section 216(5) of Cr.P.C. The Section 216(5) Cr.P.C.

speaks “if the offence stated in the altered or added charge is one for

the prosecution of which previous sanction is necessary, the case

shall not be proceeded with until such sanction is obtained, unless

sanction has been already obtained for a prosecution on the same

facts as those on which the altered or added charge is founded.”

(Emphasis supplied) In the aforesaid section it has been specified by the

legislature “…..unless sanction has been already obtained for a

prosecution on the same facts…..” For application of Section 216(5) of

Cr.P.C. the necessary requirement of law is a sanction to prosecute on same

facts and here legislature did not specify the term ‘offence’ as mentioned in

Section 197(4) of Cr.P.C. Therefore, if there is already a sanction given by

the competent authority and the amended charge is based on the same

facts, no fresh sanction is necessary for the addition and alteration of

charge. Giving of sanction confers a jurisdiction to try but the court can
proceed with the altered or added charge without fresh sanction on the same

facts, which were already been considered by the sanctioning authority. In

this instant case, the sanction was obtained for Section 306/120B/506 of

I.P.C. The governor has granted sanction in respect of Section 506/120B of

I.P.C. but did not grant sanction in connection with the alleged offence

under Section 306 of I.P.C. If one considers both the sections in its proper

perspectives, then the logical conclusion would be that fresh sanction under

Section 306 of I.P.C. is not required at the time of addition and alteration of

charge under Section 216(5) of Cr.P.C. if situation so warrants, because

sanction has been already obtained for a prosecution on the same facts.

Since Section 216(5) of Cr.P.C. comes into play during trial so Section 197(4)

of Cr.P.C. has no manner of application after the trial commences.

Therefore, if any sanction has been granted for prosecution on the same

facts, the Court has the power to add or alter the charge in respect of a

specific offence despite no specific sanction, was there in respect of the

offence for which charge is contemplated to be added/altered. It can be

summarised in this way that at the time of dealing with the Section 216(5) of

Cr.P.C. the court is to see if any sanction has been given on same facts or

not, irrespective of any offence.

52. Accordingly, C.R.R. 3512 of 2011 and C.R.R. 1494 of 2011 are disposed

of on the basis of above observations. Lastly, I want to conclude by saying

that learned trial court shall proceed with trial without being influenced by

any of the observation made above because observation made by this Court

is only for disposal of these revisional applications.

53. Let a copy of the judgment be sent to the learned trial court with a

request to dispose of S.T. 2(11) as early as possible without granting any

adjournment to either side.

54. Urgent certified photocopy of this Judgment and order, if applied

for, be supplied to the parties upon compliance with all requisite formalities.

(SIDDHARTHA CHATTOPADHYAY, J.)

Later

After the judgment is delivered, learned Counsel Mr. Milon Mukherjee

prayed for stay of the operation of the order. Considered the submission.

From the date of alleged offence to this day, nearly 10 years have been

elapsed. The trial has not yet commenced. Considering the circumstances,

prayer for stay of the operation of the above judgment is refused.

(SIDDHARTHA CHATTOPADHYAY, J.)

A.F.R/N.A.F.R.

Leave a Comment

Your email address will not be published. Required fields are marked *