DIPAK SAHA RAY,J. - (1.) THE present case arises out of an application under Section 397/401 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure , 1973.
(2.) IT is directed against order No. 10 dt. 30.05.2011 passed by the Ld. District and Sessions Judge, Howrah in S.T. Case No. 272 of 2011 u/s. 417/306/34 of the Indian Penal Code allowing the application u/s. 173 (8) of the Cr.P.C for reinvestigation of the case filed by the defacto complainant, Satya Ranjan Sinha. The relevant facts of the present case are, in a nutshell, as follows: On the basis of the FIR of one Satya Ranjan Sinha Police initiated a case and started investigation. After completion of investigation change sheet was submitted u/s. 417/306/34 of the Indian Penal Code against six accd. persons without making any seizure of two suicidal notes alleged to have been written by the victim Anushree Singh. It is alleged that the said notes were recovered from the house of the defacto complainant on 4.5.2010 and was brought to the notice of the I.O. But the I.O. refused to seized the said documents on the ground that charge sheet was already submitted in the case. Accordingly the application u/s. 173(8) of the Code of Criminal Procedure was filed before the District and Sessions Judge, Hoogly for reinvestigation of the case. The learned District and Sessions Judge, Hoogly after hearing both sides allowed the said application u/s. 173 (8) of the Code of Criminal Procedure directing the I.O. to seize the document from the defacto complainant under seizure list and to produce the same before the court. Being aggrieved by and dissatisfied with the said impugned order dt. 30.5.2011 the petitioner herein/accd. persons filed the instant application for setting aside the said order.
(3.) THERE is no controversy that after investigation change sheet was submitted on 26.5.2009 and thereafter the case was committed to the court of Sessions Judge, Howrah on 28.8.2011. Now from the impugned order dt. 30.5.2011 it appears that after recovery of the alleged suicidal notes from the house, the defacto complainant informed the I.O. on 4.5.2009 in writing; but the I.O. refused to seize the same. Accordingly, the petition u/s. 173 (8) of the Code of Criminal Procedure was filed before the Ld. Sessions Judge for re-investigation of the case.;