- (1.) Shadow of Death stalked the family of the petitioner which one of her sons, Khagen Majhi gave his life before the bullets of trigger happy Policemen in the eerie hours of the night of 29.4.97/30.4.97 in the unobtrusive hamlet of village Dakshin Chandamari within Kalyani Police Station in the District of Nadia. The pale of gloom, consequent to the same, which has engulfed the family has also made the petitioner to move this Court for sorting out some basic features of an otherwise settled position of law.
(2.) She took out a petition of complaint alleging commission of offence punishable under Section 120B/302/201/34 of the Indian Penal Code against the arrayed accused/opposite party and one others - S.K. Chandra, Sub-Divisional Police Officer, Kalyani; S.S. Banerjee, Circle Inspector of Police, Kalyani, and Kartick Sarkar (since absconding); and as also against other Police Personnel attached to the Kalyani Police Station.
(3.) Acting on the basis of the same the learned Sub-Divisional Judicial Magistrate (hereinafter referred to as the learned Magistrate) took cognizance and fixed the next date on 31.5.97 as for enquiry.;