Asha Arora, J. - (1.) By the instant application under section 482 of the Criminal Procedure Code petitioner has assailed the proceeding arising out of Tollygunge P.S. Case No. 105 of 2009 dated 23/5/2009 under section 306 IPC (Sessions Case No. 28(1) of 2014) pending before the learned Assistant Sessions Judge 6th Court Alipore. The order dated 11/6/2014 passed by the trial Court in the aforesaid case has also been challenged by the petitioner.
(2.) The facts in brief giving rise to the impugned proceeding are as follows: On 23/5/2009 Sub-Inspector Rajib Chatterjee of Tollygunge P.S. received an information from one Subhankar Banerjee that his cousin brother Sanjay Banerjee was found hanging in the common stair case of the ground floor Premises no. 117/B Shyma Prasad Mukherjee Road Kolkata 26. On the basis of such information S.I. Rajib Chatterjee proceeded to the place of occurrence and found the deceased hanging from the stair case grill by means of a 'gamcha'. On search a suicide note was found in the pocket of the deceased which mentioned the name of the petitioner and one Vivek Ruia. The case was registered on the basis of a written compliant by SubInspector Rajib Chatterjee alleging commission of an offence punishable under section 306 IPC against Debabrata Saha who is the petitioner herein. Investigation culminated in the submission of the charge-sheet under section 306 IPC against the petitioner. Subsequently the case was committed to the Court of the Learned Sessions Judge Alipore wherefrom it was transferred to the learned Assistant Sessions Judge 6th Court Alipore. By an order dated 11/6/2014 the trial Court, upon considering the available materials, framed charge under section 306 IPC against the petitioner who pleaded not guilty to the indictment and claimed to be tried. The case was accordingly posted for evidence.
(3.) Aggrieved, the petitioner preferred the instant application.;