D.P. Sengupta, J. - (1.) This is an application for quashing of proceeding being G.R. Case No. 1844 of 1999 arising out of Shibpur P.S. case No. 234 dated October 18, 1999, under Ss. 302/120B/34 of Indian Penal Code.
(2.) The aforesaid case was registered on the basis of a complaint ledged by one Nizam Khan alleging commission of offences under Ss. 279/427/304A of the Indian Penal Code. The allegation made in the F.I.R. was that on October 16, 1999, at about 10.00 P.M. the said Nizam Khan and his two friends namely So Safik Mir and Sabir Mir, while traveling on a Motor cycle, met an accident with another Motor cycle. All of them sustained injuries, but Safik Mir sustained some serious injuries and he was admitted in the S.S.K.M. Hospital, Calcutta, where he succumbed to his injuries on October 17, 1999.
(3.) On the basis of the aforesaid complaint the case was registered with Shibpur Police station and investigation was taken up by the Police. In course of investigation a prayer was made by the investigating agency on March 27, 2000, to change the Ss. and to convert the case to one under Ss. 302/201/120B/34 Indian Penal Code. Such prayer was made by the investigating agency on the basis of some materials collected by it. The prayer was allowed by the learned Magistrate. Thereafter on completion of investigation a chargesheet was submitted by the police under Ss. 302/120B/34 of the Indian Penal Code and cognizance of offence was taken on the basis of such chargesheet.;