Indrajit Chatterjee, J. - (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 where this petitioner has assailed the order dated 18-12-2014 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24-Pargnas in Criminal Appeal No. 23 of 2013 and thereby affirmed the order dated 27-08-2013 passed by the learned Chief Judicial Magistrate, North 24-Parganas in C. Case No. 1553 of 2013 by virtue of which the application under Section 195(1)(b)(i) read with Section 340 of the Code of Criminal Procedure, (hereinafter called as the said Code) was rejected.
(2.) The fact relevant to adjudicate the matter can be stated, in brief, thus : That Barasat P.S. Case No. 1946 dated 10-10-2011 was started at the behest of the brother of the present petitioner under Sections 341/323/330/379 etc. of the Indian Penal Code in which the opposite party nos. 1 to 6 were made accused. The matter was investigated by one S.I., Danesh Ali Dafadar (opposite party no. 7) who was then attached to Madhyamgram Investigation Centre under Barasat Police Station, North 24-Parganas. As per report submitted by the said Investigating Officer dated 31-03-2012, the said Investigating Officer submitted NCR No. 89 of 2012 under Section 506 against the accused persons being the opposite party nos. 1 to 6 to face trial.
(3.) One paragraph was used in that report in final form which runs thus : Excepting accused Arijit Sarkar all the above noted accused of both the cases surrendered in the ld. Court but accused Arijit Sarkar fled away to Brajil. But with the help of interpol the accused brought to India in the ld. Barasat Court and released on bail .;