- (1.) THE order dated 12 January, 2009 passed in Criminal Motion No. 107 of 2008 by learned Additional Sessions Judge, 5th Court, Burdwan whereby upon setting aside the order of the learned Chief Judicial Magistrate dated. 15 september, 2008, the l/c Burdwan PS has been directed to register a petition, as an FIR under Section 156 (3} of the Cr. P. C is under challenge at. the instance of the State.
(2.) THE facts are these :-One Sujan Mondal of village Bandgacha in the District of Burdwan lodged an FIR with the Burdwan Police Station at 11. 25 hours on 19th September, 2008 alleging the following incident:- His father Saber Ali Mondal, aged about 50 years had set out from his home at about noon on 18 August, 2008 for Burdwan Medical College and hospital to see a co-villager who had been admitted in the said hospital. Sujan mondal came to find at about 4. 45 PM on the same day that his father had been lying restless beside the sweet meat shop of Tapan Ghosh of Palanpur. He took his father to a local doctor called Ajay Pradhan who after rendering preliminary treatment advised for hospitalization. Then he, his elder brother selim Mondal, and a neighbour Dulal Munsi took his father to Burdwan Medical college and Hospital. On interrogation, his father told that at about 2. 00 pm on 18th August, 2008, some unknown persons took him on the pretext of better medical treatment near Raj College where they severely assaulted him and then his father was lifted on a rickshaw and then taken to Palanpur by bus. His father died in the hospital at 1. 30 A. M.
(3.) ON this FIR, the Burdwan PS registered P. S. Case No. 418 of 2008 dated 19th August, 2008 under Section 304 of Indian Penal Code.;