SUBHA NARAYAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant case arises out of an application under Section 482 of the Criminal Procedure Code, 1973.

(2.) By filing such application petitioner sought for quashing of proceeding being G. R. No. 723 of 2003 now pending before the learned Sub-Divisional Judicial Magistrate, (since redesignated as Additional Chief Judicial Magistrate) Durgapur, Burdwan, in connection with Durgapur Police Station Case No. 187 of 2003 dated 28.08.2003 under Section 306 of the Indian Penal Code.

(3.) Grievances of the petitioner may briefly be stated as follows: - On the basis of a written complaint lodged by one Subodh Kumar Sain, Durgapur P. S. Case No. 187/03 dated 28.08.2003 under Section 302/34 of Indian Penal Code was started. It was alleged in the said written complaint that "the daughter of the victim girl namely Baisakhi Sain was working as a maid servant in the house of Mrs. Mukherjee of East Point Kinder Garden School Ambedkar Sarani, City Centre, Durgapur-16." She used to work in the place of Mrs. Mukherjee during the day time as a maid-servant and in the house of the daughter of said Mrs. Mukherjee, i.e., petitioner herein, during the night. On 26.08.2003 at about 5.30 a.m. de facto-complainant came to know that his daughter committed suicide by hanging in the quarter of the petitioner herein. The petitioner used to inflict torture upon the victim girl and this was intimated to the said Mrs. Mukherjee by the de facto-complainant. The de facto-complainant assumed that his daughter committed suicide being unable to bear the torture inflicted upon her.