- (1.) This is an appeal by certificate granted by the High Court of Calcutta under Art 134(1)(c) of the Constitution of India. The facts which are relevant for the purpose of this appeal are briefly these :
(2.) On December 25, 1957, one Panchanan Roy lodged a first information report at 11.00 p.m. at the police station, Bhangor, in the district of 24 Paraganas alleging that respondent No. 1 (Prokash Chandra Bose) who is the proprietor of a fishery had killed a man named Nageswar Singh who was a darwan posted at the informant's master's fishery by shooting him with a gun. After the occurrence, the assailant's party was chased but the principal culprit namely respondent No. 1 made good his escape in his own car. Two of his associates, Pannalal Saha and Sankar Ghose were arrested by the local people and produced in the police Station. on the basis of the first information report, the police undertook investigation, but ultimately they submitted a final report as late as on September 17, 1958.
(3.) On November 3, 1958, one Mahendra Singh who claimed to be a distant relative of the deceased darwan, but which fact is denied by the widow of the deceased-filed a complaint before Mr. C. L. Choudhry, the Sub-Divisional Magistrate of 24 Paraganas, Alipore against the final report of the police and asked for processes to be issued against certain other Persons on the allegation that those persons had murdered Nageswar Singh. The complaint further contained a statement to the effect that the first information report lodged by Panchanan Roy with the police on December 25, 1957 was false and that he had done so at the instance of his master Bidhu Bhusan Sarkar who as an enemy of respondent No. 1. After examination Mahendra Singh on oath and looking into the Police papers, the learned Sub-Divisional Magistrate asked Mr. N.M.Chowdhry, Magistrate, First Class, to hold a judicial enquiry into the allegations made by Mahendra Singh and to submit a report to him by a certain date.;