PUTUL RANI DEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent jurisdiction of this Court for quashment of the impugned order dated 30.11.2006 by which cognizance of the offence under Sections 306/120(B) of the Indian Penal Code was taken against the Petitioners and two others by the Chief Judicial Magistrate, Hazaribagh. The Petitioners further requested for quashment of their entire criminal proceeding of S.T. Case No. 112 of 2007 arising out of Mandu(West Bokaro) P.S. Case No. 269 of 2005 corresponding to G.R. No. 1864 of 2005 pending before the Additional Sessions Judge, F.T.C. VIII, Hazaribagh.

(2.) The prosecution story as per the complaint petition filed by the complainant/O.P. No. 2 was that her son Deepak Bose had married to Sandhya Dey on 12.3.2005. Deepak Bose during his marriage was an employee of TISCO, West Bokaro Colliery, Gahato Tand and was working as Fitter-cum-Operator in its Electrical Department. After about two months of their marriage Deepak Bose died suddenly in suspicious condition so a case of unnatural death was registered and his postmortem was conducted on 8.5.2005 but the cause of his death could not be ascertained. Viscera of the dead body was sent to the Forensic Science Laboratory for further investigation. It was further alleged that after two days of his death, the Petitioners came to the residence of the complainant i.e. mother of the deceased and started demanding money, Jewelleries and other relevant papers and also extended threat whereupon her another son P.K. Bose delivered the ornaments to Putul Rani Dey in presence of Ashish Dey to which a receipt was also issued by them to P.K. Bose which was the part of the complaint petition. The complaint further alleged that after marriage of Deepak with Sandhya a hand written diary of Sandhya Rani Bose was found from perusal of which his son Deepak could gather that Sandhya had affairs with another person prior to her marriage which led to an altercation between the husband and wife and -consequently Deepak Bose became upset, went into depression and started talking about committing suicide. Though one Pallav Bose initiated reconciliation between the parties but of no avail. Deepak was then threatened to return the alleged diary and when he did not return, he was insulted by the accused persons. Complainant suspected that only because of mental pressure mounted by the accused persons her son Deepak Bose committed suicide. After his death the accused persons in order to receive L.I.C policy amount which were in the name of Deepak Bose and that obtaining other benefits from the employer West Bokaro Colliery put pressure upon the complainant and extended threat to her. The complainant further alleged that inspite of information given to the police in this regard no action could be taken against the accused persons, hence the complaint. The complaint was sent to the Mandu Police under Section 156(3) Code of Criminal Procedure for institution and investigation of the case. The investigating Officer submitted charge sheet against the accused persons under Sections 306/120(B) of the Indian Penal Code and accordingly cognizance of the offence was taken for the alleged offence.

(3.) As a matter of fact, the learned Sr. Counsel Mr. P.P.N. Roy advancing his argument submitted that when the Petitioners received information at Kanke, Ranchi on phone that condition of Deepak Bose was serious, they immediately rushed to Ghatotand West Bokaro Colliery along with Sandhya Dey and reached at 4' O clock on 7.5.2005 and witnessed that Deepak Bose was being treated there at TISCO Hospital. During course of treatment he died and information was given to Sandhya Dey who upon hearing sudden demise of her husband became unconscious and she was admitted in the said TISCO Hospital Ghatotand, in the morning on 8.5.2005 where her treatment continued till 11.5.2005 and then she was discharged. After cremation of the corpse of Deepak, the members of the family of both sides sat together to discuss the future course of life of Sandhya Dey. The mother of Sandhya Dey negotiated that the jewellaries of Sandhya may be returned to her and accordingly, same was returned, keeping in view the future of Sandhya Dey. In the meantime Sandhya Dey filled in and signed the Indemnity Bonds on 19.5.2005 along with the application for payment of policy amount of the LIC policies, total four in number bearing in the name of Deepak Bose but the complainant/opposite party No. 2 having come to know about the Indemnity Bonds being filled up by Sandhya Dey on 19.5.2005 and further that Sandhya was approaching before the authorities of TISCO for payment of dues, she filed a case in the court of S.D.M. Ramgarh on 24.5.2005 against the Petitioners and Sandhya Dey apprehending breach of peace. In the petition for initiation of the proceeding under Section 107 Code of Criminal Procedure the complainant/opposite party No. 2 had not levelled any of the allegations similar to what she alleged in the complaint petition against the Petitioners and therefore, the allegations as made in the complaint petition against the Petitioners were afterthought and out come of the concert of the members of her family only with a view to deprive the widow Sandhya Bose from her rightful claim on the property of her husband late Deepak Bose.