- (1.) Being aggrieved by the order dated 5th August, 2009 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Asansol, District Burdwan, the Petitioner has approached this Court for redressal of his grievance.
(2.) Heard Mr. Singh, learned Counsel for the Petitioner who submits that the materials in the case diary do not and cannot constitute any offence under section 306 of the Indian Penal Code. He submits the from the copies of the documents supplied to the Petitioner/accused person under section 207 of the Code of Criminal Procedure, it could be gathered there is no element so as to constitute abatement for commission of suicide. Mr. Singh has sought to derive support by referring to a number of decisions both of this Court as well as of the Apex Court.
(3.) Referring to the decision of a Single Bench in the case of Sandip Bhattacherjee v. State of West Bengal and Ors., 2008 1 CalCriLR 151 Mr. Singh submits that in the present case also, there is no meterial so as to suggest that there had been any instigation for commission of suicide.;