A.K.Dutta, J. - (1.) By the instant revisional application under section 482 of the Code of Criminal Procedure, 1973, the petitioner-accused, Saibal Banerjee, has prayed the Court for quashing all the proceedings arising out of Beliaghata Police Station Case No. 79 dated 5.5.92, registered as Case No. G.R. No. 983 of 1992 before the learned Additional Chief Judicial Magistrate at Sealdah on the grounds set forth therein.
(2.) On an F.I.R. being lodged by the informant Archana Bhattacharjee on 5.5.92 before the Officer-in-Charge, Beliaghata Police Station, on the allegations made therein the police had started the relevant case against the petitioner-accused under section 306, I.P.C. It is submitted that even though the aforesaid case has been so registered by the police, they are doing nothing in the matter, allowing the investigation to be kept pending for long to the prejudice of the petitioner-accused.
(3.) All that had been urged on behalf of the petitioner-accused during the hearing is that the aforesaid F.I.R. dated 5.5.92 by the said Smt. Atreyee Bhattacharjee, as it is, does not constitute the alleged offence for which the relevant proceedings is liable to be quashed. In order to consider the said submission the relevant F.I.R. is required to be looked into, which reads as follows :- "On 3.5.92, I along with my daughter Atreyee Bhattacharya alias Tutun (27 years) along with my eldest son and daughter-in-law came to my sister's flat from my village. This is day (5.5.92) at about 5 a.m. when I woke up I found my daughter in bathroom. After waiting few minutes, when she did not come out, I called my eldest son Abhik Bhattacharya alias Somi. My son suspected some problem since we did not hear any sound from inside the bathroom. My son forcefully opened the door in front of me by breaking the latch and found my daughter hanging by using a same from the swearing pipe. We immediately alerted all my family members and got her down. She was at once removed to N.R.S. Hospital where she was declared dead. In this connection I would like to state that about two years back a marriage negotiation for my daughter was being made with Siddhartha Banerjee alias Sity S/o. Sri Amal Banerjee of Gauhati, Assam. But Amal Banerjee and Debasis Banerjee, elder brothers of the boy, turned down the proposal inspire of showing initial interest. After few months we came to know from her attitude that the youngest brother of the boy named Saibal Banerjee altars Badsha S/o. Sri Amal Banerjee residing at 8, Ashutosh Shastri Road, Calcutta-10, had developed intimacy with her. We tried to stop that intimacy by persuation but could not mould her mind as my daughter was very convinced about the marriage with Saibal and told us that she got total assurance from Saibal that he will marry her. So, we thought that we could discuss the matter with Saibal and my daughter invited him to my sister's flat at P-57, C.I.T. Road, Calcutta-10 last night. But the boy did not turn after giving assurance and obviously it became clear to my daughter that the boy did not love. The deliberate avoiding tendency corerdly attitude with ditching tendering of the boy Saibal frustrated my daughter when she came to know that she has been cheated by the boy. I feel that was the sole cause of my daughter's committing suicide. As such, I hold the boy guilty of abetting my daughter for committing suicide".;