- (1.) The present case arises out of an application under Section 401 read with Section 482 of the Criminal Procedure Code. It is directed against orders dated 8th March, 2006 and 17th March, 2006 passed by the Learned Sessions Judge, Howrah, in S.T. No. 524 of 2004 arising out of Sankrail Police Station Case No. 130 dated 6.7.2004 under Sections 302/201 of the Indian Penal Code. Grievances of the petitioner, as ventilated in the said application, may briefly be stated as follows : Petitioner is the Manager of Kanak Nursing Home, situated at No. 1, Netaji Park, P.O. Bandel, Police Station-Chinusrah, District-Hooghly. The petitioner along with others have been arraigned as accused persons in Sankrail Police Station Case No. 130 dated 6.7.2004 under Sections 302/201 of the Indian Penal Code. The said case was registered on the basis of a written complaint lodged by Smt. Kanika Pal, wife of the deceased, alleging, inter alia, that on 2.7.2004 at about 8 A.M. Dr. Sushil Pal, since deceased, went out for his duties. In the course of journey he had telephonic conversation with the defacto complainant at about 11 A.M. At about 1.30 P.M. the defacto complainant again contacted her husband over mobile phone and overheard an altercation. She was, however, told by her husband that such type of altercation is common in the operation theatre and assured her that he would return to Calcutta by 5/5.30 P.M. He, however, did not return. The defacto complainant enquired at different places. On 3.7.2004 at about 7.30 A.M. the dead body of Dr. Pal was found in Saraswati Khal under Sankrail Police Station.
(2.) The petitioner was in no way involved with the alleged incident and had been falsely implicated in the case. He was arrested on 6.9.2004. After completion of investigation, charge-sheet was submitted being No. 168 dated 18.10.2004 under Sections 302/201/120-B4 of the Indian Penal Code against the petitioner and twelve others. The case was, thereafter, committed to the Learned Court of Sessions Judge, Howrah, where it was numbered as S.T. No. 524/2004. By order dated 4.4.2005, the Learned Sessions Judge, Howrah, discharged four accused persons and was pleased to frame charges under different heads against nine accused persons including the petitioner. By the self-same order, charge u/S. 120-B simpliciter was framed against three accused persons including the petitioner herein.
(3.) Being aggrieved by the order dated 4.4.2005, discharging four accused persons, the prosecution preferred an application being C.R.R. No. 1388 of 2005 before the High Court, Calcutta. By order dated 26.8.2005, the High Court set aside the order of discharge and directed the Trial Court to frame charges under Section 201/34 of the Indian Penal Code against the four accused persons who were earlier discharged by the Learned Trial Court. By order dated 20.9.2005, the High Court rejected the prayer for bail of the petitioner. Special Leave to appeal was preferred and by order dated 2.12.2005 the Hon'ble Apex Court granted bail to the petitioner while disposing of the S.L.P. No. 5128 of 2005. On 7.2.2006 the prosecution filed an application before the Learned Court of Sessions Judge. Howrah, to review its earlier order dated 4.4.2005 regarding framing of charge against some of the accused persons including the present petitioner. By order dated 8.3.2006 the Learned Sessions Judge, Howrah, allowed the prayer of prosecution for alteration of charge and finally by order dated 17.3.2006, directed framing of charge under Section 120-B/302 IPC against the petitioner and others.;