SANKARAN MOITRA Vs. SADHNA DAS
LAWS(SC)-2006-3-51
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on March 24,2006

SANKARAN MOITRA Appellant
VERSUS
Sadhna Das And Anr Respondents


Referred Judgements :-

DR. HORI RAM SINGH V. EMPEROR [REFERRED TO]
PUKHRAJ V. STATE OF RAJASTHAN AND ANOTHER [REFERRED TO]
SHREEKANTIAH RAMAYYA MUNIPALLI VS. STATE OF BOMBAY [REFERRED TO]
AMRIK SINGH VS. STATE OF PEPSU [REFERRED TO]
MATAJOG DOBEY NAND RAM AGARWALA VS. H C BHARI:H C BHARI [REFERRED TO]
P ARULSWAMI VS. STATE OF MADRAS [REFERRED TO]
B SAHA VS. M S KOCHAR [REFERRED TO]
HARJINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
BAKHSHISH SINGH BRAR VS. GURMEJ KAUR [REFERRED TO]
P K PRADHAN VS. STATE OF SIKKIM [REFERRED TO]
STATE OF ORISSA VS. GANESH CHADRA [REFERRED TO]
S K ZUTSHI VS. BIMAL DEBNATH [REFERRED TO]
K KALIMUTHU VS. STATE [REFERRED TO]
RAKESH KUMAR MISHRA VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

B. K. PARCHURE VS. STATE [LAWS(DLH)-2022-8-101] [REFERRED TO]
AMUBHAI DIPUBHAI GOHIL VS. STATE OF GUJARAT [LAWS(GJH)-2023-12-34] [REFERRED TO]
MANOJ ABRAHAM VS. STATE OF KERALA [LAWS(KER)-2014-6-204] [REFERRED TO]
PADMALAYAN VS. SARASAN,S/O.GOPALAN, SARAN NIVAS [LAWS(KER)-2012-10-118] [REFERRED TO]
PANKAJ DAS VS. STATE OF ASSAM [LAWS(GAU)-2021-11-97] [REFERRED TO]
BHABESH CHANDRA BISWAS VS. STATE OF ASSAM [LAWS(GAU)-2020-6-88] [REFERRED TO]
NAZRUL ISLAM VS. BASUDEB BANERJEE [LAWS(CAL)-2022-1-97] [REFERRED TO]
HARAPRASAD GHOSH VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2017-9-92] [REFERRED TO]
RILESH BATUKBHAI BELADIA VS. STATE OF GUJARAT [LAWS(GJH)-2015-9-98] [REFERRED TO]
G.H. VASAVADA VS. SHANKERLAL GOVINDJI JOSHI AND ORS. [LAWS(GJH)-2015-4-146] [REFERRED TO]
G V CHAUDHURI VS. STATE OF GUJARAT [LAWS(GJH)-2007-3-54] [REFERRED TO]
P PANDIAN SUNDERRAJAN VS. STATE [LAWS(MAD)-2010-4-34] [REFERRED TO]
RAM BABU JAKHENIYA VS. PURSHOTTAM [LAWS(MPH)-2007-3-50] [REFERRED TO]
RAJESH KASLIWAL VS. ARUN KUMAR JAIN [LAWS(MPH)-2009-12-34] [REFERRED TO]
SARABJIT RAI VS. STATE OF PUNJAB [LAWS(P&H)-2015-2-506] [REFERRED TO]
BHANWAR LAL PATEL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-8-168] [REFERRED TO]
SANJIV BHATT, I P S VS. STATE OF GUJARAT [LAWS(GJH)-2011-12-313] [REFERRED TO]
A ALAM PASHA VS. RAVISHANKAR [LAWS(KAR)-2019-5-114] [REFERRED TO]
A. ALAM PASHA VS. ADDL CHIEF METROPOLITAN MAGISTRATE [LAWS(KAR)-2021-2-30] [REFERRED TO]
NIRANJAN NAYAK VS. SASANKA SEKHAR BISWAL [LAWS(ORI)-2013-8-22] [REFERRED TO]
NARENDRA PATHAK VS. B SHARDA [LAWS(RAJ)-2007-3-48] [REFERRED TO]
JITENDRA KUMAR VS. THE STATE OF BIHAR [LAWS(PAT)-2019-10-107] [REFERRED TO]
FAKHRUZAMMA VS. STATE OF JHARKHAND [LAWS(SC)-2013-12-29] [REFERRED TO]
U R ARYA VS. STATE OF UTTARAKHAND AND ANOTHER [LAWS(UTN)-2011-9-289] [REFERRED]
BASAVARAJENDRA VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-9-234] [REFERRED TO]
M. K. GUPTA VS. C.B.I., GHAZIABAD [LAWS(ALL)-2013-9-53] [REFERRED TO]
NIRANJAN NAYAK VS. SASANKA SEKHAR BISWAL [LAWS(ORI)-2013-8-8] [REFERRED TO]
GURUDAS KUNDU AND OTHERS VS. STATE OF ORISSA AND ANOTHER [LAWS(ORI)-2018-2-69] [REFERRED TO]
GADADHAR PANDA VS. DAITARY DAS [LAWS(ORI)-2018-4-119] [REFERRED TO]
RABINARAYAN BEHERA VS. STATE OF ORISSA AND ANOTHER [LAWS(ORI)-2018-4-134] [REFERRED TO]
C.R.RAJU VS. STATE OF KERALA [LAWS(KER)-2020-10-166] [REFERRED TO]
AKBARUDDIN OWAISI VS. GOVERNMENT OF ANDHRA PRADESH AND ORS [LAWS(APH)-2013-7-163] [REFERRED]
P YAGNANARAYANA VS. STATE OF A P [LAWS(APH)-2007-4-48] [REFERRED TO]
SUBHASH LUTHER MANMOTHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-6-93] [REFERRED TO]
TEJ SINGH VS. STATE [LAWS(DLH)-2008-3-177] [REFERRED TO]
PANDHARINATH NARAYAN PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-3-183] [REFERRED TO]
V.G. VINODKUMAR VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-4-34] [REFERRED TO]
MD WAKIL VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-7-38] [REFERRED TO]
AJIT SINGH CHAUHAN VS. DILIP SHARMA & ANOTHER [LAWS(MPH)-2015-11-95] [REFERRED]
STATE OF GUJARAT VS. DINKARBHAI RAMJIBHAI THAKKAR [LAWS(GJH)-2011-12-65] [REFERRED TO]
JAYASINGH VS. K K VELAYUTHAM [LAWS(SC)-2006-4-11] [REFERRED TO]
GENERAL OFFICER COMMANDING VS. CBI [LAWS(SC)-2012-5-2] [REFERRED TO]
PROF. N.K. GANGULY VS. CBI NEW DELHI [LAWS(SC)-2015-11-14] [REFERRED TO]
RABINDRA KUMAR SINGH S/O LATE NAG NARAYAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2015-5-80] [REFERRED TO]
DEVINDER SINGH & ORS. VS. STATE OF PUNJAB THROUGH CBI [LAWS(SC)-2016-4-30] [REFERRED TO]
KISHORE KUMAR VS. STATE OF BIHAR AND ANOTHER [LAWS(PAT)-2007-9-120] [REFERRED TO]
K. NANJUDAN VS. STATE [LAWS(MAD)-2020-8-6] [REFERRED TO]
M S FANEESHA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-3-653] [REFERRED TO]
B.A.PADMANAYAN S/O. B.ASHWATHNARAYAN SHETTY VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KAR)-2022-8-17] [REFERRED TO]
MD. NOOR ALAM VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2019-2-158] [REFERRED TO]
PRADNYA W/O PRADEEP PATIL @ BHUYEKAR, VS. PRASHANT S/O SUBHASH KAMAT [LAWS(KAR)-2018-12-372] [REFERRED TO]
I. EASWARAN VS. STATE AND ORS. [LAWS(MAD)-2015-6-521] [REFERRED TO]
JAYASINGH VS. K K VELAYUTHAM [LAWS(SC)-2006-4-76] [REFERRED TO]
B. VENKAT REDDY VS. P.P. [LAWS(TLNG)-2022-2-50] [REFERRED TO]
KAMLESHWAR KUMAR ALIAS KAMLESH KUMAR SINGH VS. STATE OF BIHAR AND ANOTHER [LAWS(PAT)-2017-9-169] [REFERRED TO]
KISHORE KUMAR, S/O LATE SIYARAM VS. THE STATE OF BIHAR, [LAWS(PAT)-2018-1-358] [REFERRED TO]
ARUN KUMAR CHAUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2017-5-171] [REFERRED TO]
DAS P.V. AND ORS. VS. ANOOP T. CHANDRAN AND STATE OF KERALA [LAWS(KER)-2009-3-132] [REFERRED TO]
ASHOK KUMAR VERMA VS. STATE OF M P [LAWS(MPH)-2017-6-32] [REFERRED TO]
RAJKUMAR GUPTA VS. STATE OF MADHYA PRADESH AND ANOTHER [LAWS(MPH)-2018-3-412] [REFERRED TO]
KALYAN KUMAR NATH AND ANR VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2018-11-100] [REFERRED TO]
TILENDRA SONOWAL VS. ALAUDDIN LASKAR [LAWS(GAU)-2011-2-46] [REFERRED TO]
JAYPRAKASH PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2013-5-148] [REFERRED TO]
RAMJEET YADAV VS. STATE OF U.P. [LAWS(ALL)-2019-4-60] [REFERRED TO]
SATYENDRA KUMAR VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-2-328] [REFERRED TO]
SANJAY KUMAR SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2007-10-22] [REFERRED TO]
INDRAMANI ROY VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-7-12] [REFERRED TO]
PARAG MUKHERJEE VS. SALIL BHATTACHARYYA [LAWS(CAL)-2018-1-8] [REFERRED TO]
HASAN BALDAR TADVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-6-102] [REFERRED TO]
K P SINGH VS. STATE OF DELHI [LAWS(DLH)-2008-3-169] [REFERRED TO]
RAM SHANKER SINGH VS. STATE OF U P [LAWS(ALL)-2011-7-88] [REFERRED TO]
TRIDEV JAN KALYAN SAMITI VS. U K SUBUDDHI [LAWS(MPH)-2015-8-154] [REFERRED TO]
REWATI RAMAN SINGH VS. STATE [LAWS(DLH)-2011-12-130] [REFERRED TO]
RAJESH KUMAR JAISWAL SON OF JAI NARAIN JAISWAL VS. STATE OF BIHAR [LAWS(PAT)-2021-3-13] [REFERRED TO]
RAM SINGHASAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2006-9-47] [REFERRED TO]
SAHID PERVEZ VS. STATE OF BIHAR [LAWS(PAT)-2007-11-54] [REFERRED TO]
AZIDA BEGUM VS. MUSMT. REZIAA SULTANA [LAWS(GAU)-2014-1-7] [REFERRED TO]
SRI KAILASH CHANDRA SETHY VS. STATE OF ORISSA AND ANR. [LAWS(ORI)-2009-10-96] [REFERRED TO]
SUNIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2007-3-681] [REFERRED TO]
REETHA ANTO VS. ROMEO JACOB [LAWS(KER)-2007-9-86] [REFERRED TO]
BABY M.P., SUB INSPECTOR OF POLICE VS. STATE OF KERALA AND SOOPY S/O. KUNHAMMED [LAWS(KER)-2009-3-133] [REFERRED TO]
BABY M.P., SUB INSPECTOR OF POLICE VS. STATE OF KERALA AND SOOPY S/O. KUNHAMMED [LAWS(KER)-2009-3-133] [REFERRED TO]
MAHIPAL SINGH (S.I.) VS. STATE OF U.P. [LAWS(ALL)-2017-5-65] [REFERRED TO]
AJAI KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-6-173] [REFERRED TO]
HARJIVAN KESHAVLAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2012-12-267] [REFERRED TO]
JAYSUKHBHAI JIVRAJBHAI DHANANI VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-181] [REFERRED TO]
RADHESHYAM KHIRU GOSWAMI VS. RAJUBHAI PANNALAL RANA [LAWS(GJH)-2011-11-94] [REFERRED TO]
BIRENDRA SINKU VS. MEHARBAN SINGH [LAWS(CHH)-2020-11-82] [REFERRED TO]
AMARJYOTI GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2021-11-98] [REFERRED TO]
MINU ROY VS. STATE OF ASSAM [LAWS(GAU)-2023-5-78] [REFERRED TO]
INDRANIL BARUA VS. STATE OF ASSAM [LAWS(GAU)-2023-6-60] [REFERRED TO]
DHARMENDRASINH RATANSINH RAOL VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-529] [REFERRED TO]
CHOUDHURY PARVEEN SULTANA VS. STATE OF WEST BENGAL [LAWS(SC)-2009-1-118] [REFERRED TO]
ADITYANATH DAS VS. STATE OF TELANGANA [LAWS(TLNG)-2019-2-54] [REFERRED TO]
PUNJAB STATE WAREHOUSING CORP. VS. BHUSHAN CHANDER [LAWS(SC)-2016-6-26] [REFERRED TO]
K.P.RAMANATHAN VS. STATE [LAWS(MAD)-2019-12-226] [REFERRED TO]
RAJESH MATHUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-9-202] [REFERRED TO]
T.C.BHAKTHAVATHSALA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-500] [REFERRED TO]
RAMESH CHANDRA VS. STATE OF M P [LAWS(MPH)-2008-7-4] [REFERRED TO]
AMOLAK SINGH CHHABRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2006-8-4] [REFERRED TO]
Anil Kumar Jaiswal VS. State of U.P. and Others [LAWS(ALL)-2010-12-132] [REFERRED TO]
SRI LANKA VENKATA SUBRAHMANYAM VS. THE STATE OF TELANGANA., REP. BY SPECIAL PP OF CBI, HYDERABAD [LAWS(APH)-2018-1-43] [REFERRED TO]
BHAWAN SINGH GARBYAL VS. STATE OF U.P. [LAWS(ALL)-2020-6-174] [REFERRED TO]
GOPAL SINGH BISHT VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2019-1-366] [REFERRED TO]
MOHD BASHIR VS. STATE OF J&K [LAWS(J&K)-2006-5-19] [REFERRED TO]
JAYANTA MUKHERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-2-24] [REFERRED TO]
HARI RAM VS. STATE OF HARYANA [LAWS(P&H)-2014-9-647] [REFERRED]
PRAKASH VYAS VS. KAMLESH CHAUHAN [LAWS(MPH)-2007-7-67] [REFERRED TO]
SATAYAVEER JHAKHAR VS. TAJ MOHAMMED RATHORE [LAWS(RAJ)-2013-4-45] [REFERRED TO]
DAYANAND B NAYAK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-8-68] [REFERRED TO [ 10 ]]
SHIVENDRA KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-2-97] [REFERRED TO]
RAVADA A CHANDRASEKHAR VS. STATE OF KERALA [LAWS(KER)-2012-6-355] [REFERRED TO]
UNNI RAJAN VS. STATE OF KERALA [LAWS(KER)-2012-4-210] [REFERRED TO]
JAGDISH SINGH MEENA VS. SAGAR MOGIA [LAWS(MPH)-2020-1-103] [REFERRED TO]
B KRISHNA KUMAR, EARLIER CIRCLE INSPECTOR OF POLICE VS. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR [LAWS(KER)-2017-11-241] [REFERRED TO]
G JABBAL VS. STATE OF KERALA [LAWS(KER)-2016-6-269] [REFERRED TO]
KRISHNA KUMAR B. VS. STATE OF KERALA [LAWS(KER)-2017-11-15] [REFERRED TO]
AMITAVA SINHA VS. THE STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-6-3] [REFERRED TO]
MOOSA VALIKKADAN VS. STATE OF KERALA [LAWS(KER)-2010-7-65] [REFERRED TO]
SUNIL KUMAR AND ORS. VS. CENTRAL BUREAU OF INVESTIGATION AND ORS. [LAWS(P&H)-2016-2-40] [REFERRED TO]
RAJESH CHAND JAIN, VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-8-56] [REFERRED TO]
STATE OF KARNATAKA VS. AMEER JAN [LAWS(SC)-2007-9-67] [REFERRED TO]
B.G. PRAKASH KUMAR AND ORS. VS. THE COMMISSIONER AND ORS. [LAWS(KAR)-2015-2-214] [REFERRED TO]
MANDEEP ARORA AND ORS. VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-2007-12-144] [REFERRED TO]
D.ROOPA VS. H.N.SATHYANARAYANA RAO [LAWS(KAR)-2022-6-1451] [REFERRED TO]
RAKESH KUMAR SHARMA VS. STATE OF HARYANA & ANR [LAWS(P&H)-2012-1-884] [REFERRED]
PARTHASARATHY VS. S. RADHAKRISHNAN [LAWS(MAD)-2017-10-142] [REFERRED TO]
RAJAGOPAL VS. AYYAPPAN [LAWS(KER)-2021-6-61] [REFERRED TO]
V.MURALIDHARAN NAIR VS. SAJU.M.ANTONY S/O ANTONY [LAWS(KER)-2012-11-276] [REFERRED TO]
REKHA SHARMA AND ORS. VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2015-3-311] [REFERRED TO]
SWARUP SIKDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-8-79] [REFERRED TO]
RAMAYAN YADAV VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2019-12-437] [REFERRED TO]
K N SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2010-8-363] [REFERRED TO]
ASHOK SHANKARRAO CHAVAN VS. HIS EXCELLENCY SHRI. CH. VIDYASAGAR RAO [LAWS(BOM)-2017-12-231] [REFERRED TO]
TIRATH SINGH CHADHA VS. STATE OF ASSAM [LAWS(GAU)-2018-7-98] [REFERRED TO]
HANSA DEVI VS. STATE OF U P [LAWS(ALL)-2012-10-93] [REFERRED TO]
SURINDERJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-1-75] [REFERRED TO]
S B MIRZA VS. NAROTTAM KHARE AND ANR [LAWS(MPH)-2010-2-124] [REFERRED]
SANTOSH KUMAR HIMATSINGKA VS. SNOWLION AUTOMOBILES LTD [LAWS(SIK)-2007-3-1] [REFERRED TO]
SATISH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-270] [REFERRED TO]
ARUNKUMAR SINHA VS. STATE OF KERALA [LAWS(KER)-2007-2-112] [REFERRED TO]
H D KUMARASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2015-7-443] [REFERRED]
RAGHUNATH VISHWANATH DESHPANDE AND ORS. VS. KARNATAKA LOKAYUKTHA POLICE AND ORS. [LAWS(KAR)-2015-11-246] [REFERRED TO]
AMAL KUMAR JHA VS. STATE OF CHHATISGARH & ANR. [LAWS(SC)-2016-4-33] [REFERRED TO]
MADICHARLA NAGESWARA SASTRY VS. STATE OF A P [LAWS(APH)-2007-9-12] [REFERRED TO]
PERUGU GOPINATH REDDY VS. P SUSHMITHA [LAWS(APH)-2009-7-9] [REFERRED TO]
HARIKUMAR VS. SURESH [LAWS(KER)-2014-3-89] [REFERRED TO]
BRIJ BHUSHAN VS. STATE [LAWS(DLH)-2010-3-341] [REFERRED TO]
STATE VS. R.P. TYAGI [LAWS(DLH)-2008-3-205] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2009-3-61] [REFERRED TO]
SHIVENDRA KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-2-83] [REFERRED TO]
BALACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2012-6-543] [REFERRED TO]
BENUDHAR NAYAK AND ANOTHER VS. STATE OF ORISSA [LAWS(ORI)-2018-5-45] [REFERRED TO]
T.P.DILIP VS. STATE OF KERALA [LAWS(KER)-2020-11-125] [REFERRED TO]
NARA CHANDRABABU NAIDU, S/O. LATE KHARJURA NAIDU VS. THE STATE OF TELANGANA, REPRESENTED BY ITS PUBLIC PROSECUTOR AND ANOTHER [LAWS(APH)-2016-12-20] [REFERRED TO]
PEOPLES COUNCIL FOR CIVIL RIGHTS VS. STATE OF KERALA [LAWS(KER)-2009-2-17] [REFERRED TO]
PAUL GEORGE VS. STATE OF DELHI [LAWS(DLH)-2006-5-247] [REFERRED TO]
SUNIL RAMARAO PARASKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-8-184] [REFERRED TO]
MAHESH GAONKAR VS. D H KENAUDEKAR [LAWS(BOM)-2006-11-123] [REFERRED TO]
NAGORAO SHIVAJI CHAVAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-4-26] [REFERRED TO]
RAMESHBHAI DAYALBHAI LASHKARI VS. STATE OF GUJARAT   [LAWS(GJH)-2018-1-85] [REFERRED TO]
RAJTANU BHATTACHARYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-4-13] [REFERRED TO]
RAJENDRA PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2022-5-42] [REFERRED TO]
JITENDRA KUMAR @ JITENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2019-3-164] [REFERRED TO]
HARI RAM VS. STATE [LAWS(RAJ)-2022-4-201] [REFERRED TO]
D. DEVARAJA VS. OWAIS SABEER HUSSAIN [LAWS(SC)-2020-6-22] [REFERRED TO]
CHAMAN LAL VS. STATE OF HARYANA [LAWS(P&H)-2008-2-20] [REFERRED TO]
STATE OF GUJARAT VS. JAYSINH AJITSINH CHAUHAN [LAWS(GJH)-2013-6-257] [REFERRED TO]
REHANA S KADRI VS. STATE OF GUJARAT [LAWS(GJH)-2012-2-558] [REFERRED TO]
ASHOK CHAWLA VS. C B I [LAWS(DLH)-2019-8-29] [REFERRED TO]
AJEET SINGH & ANR. VS. STATE OF RAJASTHAN & ANR. [LAWS(RAJ)-2012-6-29] [REFERRED TO]
BALRAJ SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-1-84] [REFERRED TO]
AMAR SINGH VS. STATE OF RAJ [LAWS(RAJ)-2012-5-167] [REFERRED TO]
GENERAL OFFICER COMMANDING VS. CBI [LAWS(J&K)-2007-7-22] [REFERRED TO]
KANNAN VS. S.M. NOOR MOHAMED [LAWS(MAD)-2018-9-865] [REFERRED TO]
OM PRAKASH VS. STATE OF JHARKHAND [LAWS(SC)-2012-9-55] [REFERRED TO]
JAMIRUDDIN ANSARI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2009-5-17] [REFERRED TO]
NANDKUMAR S KALE VS. BHAURAO CHANDRESBHANJI TIDKE [LAWS(BOM)-2007-7-183] [REFERRED TO]
ASHOK KR. TODI VS. C.B.I. [LAWS(CAL)-2017-6-65] [REFERRED TO]
MADAN GOPAL VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2011-9-671] [REFERRED]
STATE VS. SYED SHAIKOYA [LAWS(KER)-2021-9-19] [REFERRED TO]
DEVENDER KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2019-1-12] [REFERRED TO]
DEBASIS PANIGRAHI VS. STATE OF ORISSA [LAWS(ORI)-2009-7-4] [REFERRED TO]
P KUNHI BAVA VS. THAZHEPURAM NABEESU [LAWS(KER)-2007-2-147] [REFERRED TO]
PRAKASH P VS. STATE OF KERALA [LAWS(KER)-2011-3-2] [REFERRED TO]


JUDGEMENT

C. K. Thakker, J. - (1.)Leave granted.
(2.)I have had the benefit of going through the judgment prepared by my learned brother P.K. Balasubramanyan, J. I express my inability to agree with the reasons recorded and conclusions arrived at by him. I, therefore, consider it appropriate to deal with the matter independently.
(3.)The relevant facts as stated in the judgment of the High Court of Calcutta impugned in the present appeal are that on May 10, 2001 general election of the State Assembly of the West Bengal was held. One Rabindra Nath Das @ Topi Das (deceased for short), husband of Mrs. Sadhna Das (complainant for short) was supporting a particular political party. He was engaged in distributing food packets to the polling agents at Subhas Sarobar (Baliaghata Lake) constituency. It was the case of the complainant that when her husband left the home on May 10, 2001, he stated that he would be coming for taking lunch. According to the complainant, however, her husband did not come. When she was returning after casting her vote, she saw a Tata Sumo vehicle and one Anath Das of the locality inside the vehicle. When she asked the people who gathered over there as to what had happened, she was informed that Topi Das had become unconscious due to beating by police on his head and he was taken to hospital. The complainant, therefore, immediately proceeded to hospital. She found her younger brother-in-law Laxman Das amongst the crowd. On being asked, she was told that her husband had died. She learnt that her husband was supplying food packets at the polling booth. At that time, some police officers came there and they beat her husband. When her husband left the place, police men chased him towards the lake side. Her husband was not knowing swimming and he stated to the police personnel that he did not know swimming and requested them not to beat him. But the police officers did not pay any heed to the request and continued beating. The husband of the complainant fell down, became unconscious, was taken to the hospital but was declared dead there. She, therefore, informed the Deputy Commissioner of Police on May 11, 2001 that her husband was beaten to death by police and demanded "stern punishment" to persons responsible for killing him. On the next day, i.e. on May 12, 2001, the Deputy Commissioner of Police, registered Phoolbagan P.S. Case No. 112, for an offence punishable under Section 304 Indian Penal Code (IPC) against unknown police officers. It appears that for a considerable long period, nothing was done in the matter and no action was taken on the basis of complaint made by the complainant. She, therefore, filed a private complaint in the Court of Chief Judicial Magistrate, Alipore, Kolkata on May 28, 2001 being case No. C-1107 of 2001 against the appellant and two other police officers for offences punishable under Sections 302, 201, 109 and 120B of IPC. It was stated in the said complaint that the husband of the complainant was assaulted and severely beaten by police personnel which resulted in his death and thereby the accused had committed the offences as mentioned in the complaint and prayed for taking cognizance, to issue process against the accused and to pass appropriate orders in accordance with law. She had also submitted a list of witnesses.


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