- (1.) This petition has been filed under Section 482/401 of the Code of Criminal Procedure, 1973 seeking quashment of the proceedings being G.R.Case No.35 of 2014 arising out of Balurghat P.S.Case No.18/2014 dated 12.01.2014 under Section 302/201/34/195A IPC and 25 (1)(a)/27 Arms Act, in which charge sheet bearing No.127 of 2014 dated 09.04.2014 has been filed in the Court of Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur against the petitioner.
(2.) As per prosecution, the de facto complainant Amal Halder lodged a written complaint before the I.C., Balurghat P.S. to the effect that on 11.01.2014 at about 11 P.M. his son Ram Prasad Halder receiving a call in his mobile phone left the house. Before leaving he told his father that he would return after sometime. But he did not return home throughout the whole night. Then in the early morning hours the de facto complainant called him in his mobile phone but it was switched off. So the de facto complainant came to P.S. to enquire about the whereabouts of his son. In the meantime he came to learn from the friends of his son that a man died sustaining sharp cut injuries and the dead body was lying in the Airport area. He rushed to that place and identified the dead body to be of his son. Thereafter, he lodged the complaint on the basis of which Balurghat P.S. Case No.18 of 2014 dated 12.01.2014 under Section 302/201/34 IPC was registered.
(3.) During investigation one witness Sagari Halder lodged a complaint before the I.C., Balurghat P.S. alleging that on 23.01.2014 at about 2.30 P.M. the police took the accused persons to that place where the dead body of the deceased was found and recovered some incriminating articles in pursuance of the statement made by the accused and seized those articles under a seizure list. That witness Sagari Halder also signed the seizure list. After police left the place some of the co-accused along with the present petitioner came to her house and threatened her and asked her not to give evidence in the case otherwise she will be killed. A G.D. Entry was made on the basis of such complaint. Thereafter, on completion of investigation chargesheet was submitted implicating the present petitioner also under Section 302/201/34 IPC adding Section 195A IPC and under Section 25(1)(a) / 27 Arms Act..;