HAZI MUNIRUDDIN CHOUDHURY Vs. AMULYA CHARAN HALDAR

JUDGEMENT

(1.) In this Revision under Sections 401/397 of the Code of Criminal Procedure, hereinafter the Code the person who lave the FIR, has questioned the propriety of the order passed by the learned Sessions Judge, Silchar, discharging the Respondent No. 1 at the stage of framing the charge.

(2.) After midnight of 21-2-1983 the petitioner lodged FIR at Silchar P.S. In short, the FIR contained allegation that at 8 P.M. of that night some persons assaulted his son. Md. Shamsul Haque, inside Annada Pharmacy at Ukil Patty of Silchar Town and on getting information that his son had been taken to Silchar Medical Hospital he came to Silchar Medical Hospital and found him dead. On this FIR the O.C. of Silchar P.S. registered a case under Sections 147/s148/149/320/302 I.P.C. After investigation and on 26-6-83 the I.C. submitted charge-sheet to Additional Chief Judicial Magistrate against 13 accused persons showing 3 of them as absconders. Later on two absconding accused surrendered before the Court; so only one accused, namely, Manju Mitra, remained absconder. The respondent No. 1, Dr. Amulya Charan Haldar of Annada Pharmacy was shown as one of the prosecution witnesses in the charge-sheet though the statements recorded under Section 161 of the Code disclosed a prima facie case against him also. On 21-6-1984 the Assistant Public Prosecutor filed an application stating that there were materials also against the Respondent No. 1 and his driver and prayed to include them as accused. On reading the statements under Section 161 of the Code the learned Additional Chief Judicial Magistrate found that there was in fact a prima facie case under section 302 I.P.C. against the Respondent No. 1 and accordingly he included him as accused in the case and issued summons against him. Respondent No. 1 appeared before his court on 4-7-84 and went on bail. There after on 10-8-1984 the learned Additional Chief Judicial Magistrate furnished copies to the accused and committed the case to the Court of Sessions.

(3.) Keeping in abeyance the case of the lone absconder the Learned Sessions Judge, Silchar, framed charge on 5-11-84 under sections 148/302/149 I.P.C. against the 4 accused namely, (1) Debal Nag (2) Pradip Deb (3) Debajit Dutta Choudhury and (4) Ashim Deb. He discharged 9 accused including Respondent No. 1 without recording reason for the discharge. The petitioner preferred this Revision against the discharge of Respondent No. 1.