- (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973. Seeking for a direction upon the Trial Court to send the child witness to some independent place where the witness cannot be tortured and also for her safety.
(2.) The factual background of the case stated in brief is that since after 2/3 years of marriage the sister of the petitioner was tortured both mentally and physically and ultimately she committed suicide on 06.07.2011. On receipt of such information, the petitioner rushed there and found the dead body of the deceased was taken by police for post mortem examination. The petitioner thereafter lodged written complaint before the Officer-in-Charge, Kolaghat P.S. on the basis of which Kolaghat P.S. Case No. 172 of 2011 was registered and investigation was taken up. On completion of investigation a chargesheet under Section 498A/306 I.P.C. was submitted against the O.P. No. 2 herein. That case was committed to the Court of the Learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur who framed charge against the present O.P. No. 2 and the trial is going on. On 07.11.2014 on the date fixed for argument, the Learned Trial Judge on hearing the argument of Learned P.P. in-Charge was of the opinion that the minor daughter of the victim Oishi Maity @ Lisa aged about 13 years be summoned as material witness and accordingly the date was adjourned to 05.12.2014 for evidence of the said minor. On 05.12.2014 that minor appeared. The de facto complainant i.e. the present petitioner filed a petition stating that the minor is in custody of the accused and the Court has to ensure that the said witness deposes without any mental stress or direction. That application was disposed of on hearing both sides and it was rejected and the case was further adjourned to 28.01.2015 for evidence of that minor Oishi Maity @ Lisa. Challenging such order the instant application has been filed.
(3.) I have heard Mr. Anirban Majumdar, Learned Advocate appearing for the petitioner and Mr. Atish Kumar Biswas, Learned Advocate appearing for the O.P. No. 2. I have also perused all the available materials on record including the impugned order with meticulous care.;