R.K. Bag, J. - (1.) THE petitioner has preferred this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated July 24, 2015 passed by Learned Judicial Magistrate, 6th Court, Alipore in Complaint Case No. C1270 of 1996, by which Learned Magistrate committed the case to the Court of Sessions.
(2.) THE backdrop of the present revisional application is as follows: On March 29, 1995 at about 4.00 p.m. the petitioner and his associates went to the residence of the opposite party No. 2 and took away the eldest son of the opposite party No. 2. Md. Alam, the eldest son of the opposite party No. 2 was mercilessly beaten up by the petitioner and his associates who are police personnel attached to Garden Reach Police Station. On March 30, 1995 the petitioner and his associates demanded Rs. 4,000/ - from the opposite party No. 2 as condition precedent for release of Md. Alam, but the opposite party No. 2 could not make payment of the amount of money. However, the opposite party No. 2 and other members of her family found Md. Alam vomiting blood while he was in the custody of the petitioner and his associates. On April 1, 1995 Md. Alam was shifted to Garden Reach Police Station and was confined there illegally till April 8, 1995. On April 9, 1995 Md. Alam was produced before the Court of Learned Magistrate and he was remanded to judicial custody with specific direction for treatment in the hospital of the Presidency Jail. However, on April 10, 1995 at about 1.20 p.m. Md. Alam died in the hospital of the Presidency Jail. The opposite party No. 2 ventilated her grievance before the senior police officers, but no specific case was started against the petitioner and his associates. On July 10, 1996 the opposite party No. 2 filed a petition of complaint before the Court of Learned Chief Judicial Magistrate, Alipore against the petitioner and his associates. Learned Chief Judicial Magistrate took cognizance of the offence and transferred the case to the Court of Learned Judicial Magistrate, 6th Court, Alipore for inquiry. Learned Judicial Magistrate examined six witnesses including one doctor. The opposite party No. 2 could not examine two witnesses namely Md. Kaloo and Khairunnassa who were cited as witnesses in the petition of complaint. Ultimately, the names of those witnesses were expunged from the petition of complaint by Learned Judicial Magistrate on prayer of the opposite party No. 2 on the ground that they declined to come to the court to give evidence in support of the complaint of the opposite party No. 2 for the threat of the petitioner and his associates who were serving police officers. Ultimately, on July 25, 1996 Learned Judicial Magistrate issued process against the petitioner and his associates for facing the charge under Section 341/343/347/348/302/201/120B of the Indian Penal Code. The said order of Learned Magistrate was challenged by the petitioner before this court by filing revision being CRR No. 2494 of 1996. The said revisional application was admitted by this court on September 6, 1996 and the same was disposed of on February 25, 2000. The original Lower Court Record which was called for in connection with CRR No. 2494 of 1996, was found missing and some of portion of the record of this court was found to be mutilated. The initial deposition of the witnesses were not made available at the time of hearing of the revision. Accordingly, on February 25, 2000 Learned Single Judge of this court disposed of CRR No. 2494 of 1996 by giving direction to Learned Judicial Magistrate to reconstruct the Lower Court Record by fresh examination of the witnesses who were examined by the opposite party No. 2 in support of the complaint for issuance of the process against the petitioner and his associates.
(3.) LEANED Judicial Magistrate examined six witnesses who were previously examined in support of the complaint of the opposite party No. 2 and also examined six more witnesses in support of the complaint. Thereafter, on July 3, 2000 Learned Judicial Magistrate issued non -bailable warrant of arrest against the petitioner and his associates for securing their presence before the Court of Learned Magistrate. The petitioner and his associates obtained anticipatory bail from the High Court and thereafter they surrendered before the Court of Learned Magistrate and were released on regular bail. One Md. Jamal Khan filed an application before the Court of Learned Magistrate under Section 340(1) of the Code of Criminal Procedure praying for an inquiry on the ground that two witnesses namely Md. Sabir Khan and Md. Moktar have impersonated themselves and thereby an offence under Section 195/193/205 of the Indian Penal Code is made out against the opposite party No. 2. Since the inquiry under Section 340(1) of the Code of Criminal Procedure was pending for prolonged period of time, the said Md. Jamal Khan preferred revision before this Court being CRR No. 3185 of 2000. On December 21, 2000 Learned Single Judge of this Court disposed of the said revision by directing Learned Judicial Magistrate to dispose of the application under Section 340(1) of the Code of Criminal Procedure as early as possible preferably within the month of January, 2001 in accordance with law. On June 6, 2006 the present petitioner filed another application under Section 340(1) of the Code of Criminal Procedure for inquiry on the ground that the witness Md. Moktar who was examined by the opposite party No. 2 in support of the complaint also impersonated himself. It is alleged by the petitioner that without disposing of the applications under Section 340(1) of the Code of Criminal Procedure filed by Md. Jamal Khan and the present petitioner, Learned Judicial Magistrate committed the case to the Court of Sessions on July 24, 2015.;