MADHUMATI MITRA,J. - (1.) This is an application under Sections 397/401/482/475 of the Code of Criminal Procedure filed by the petitioner in connection with the orders dated 20.09.2011 , 06.03.2003 and 26.09.2005 passed by the Learned Chief Judicial Magistrate, Nadia, in G.R.Case No.05/2003 pending before the Learned Chief Judicial Magistrate, Nadia, arising out of Chapra Police Station, Case No.02/2003 dated 01.01.2003, under Section 302 of the Indian Penal Code.
(2.) Petitioner before this Court is D.I.G.,B.S.F., Krishnagar. Petitioner has also prayed for quashing of the proceeding being G.R.Case No.5/2003 as well as the order dated 20.09.2011 passed by the Learned Chief Judicial Magistrate, Nadia. By the impugned order dated 20.09.2011, the Learned Chief Judicial Magistrate, Nadia rejected the prayer for trial of the accused under the custody of B.S.F. in respect of the offence under Section 302 of the Indian Penal Code arising out of Chapra Police Station Case No.02/03 dated 01.01.2003.
(3.) The brief facts giving rise to the present Revisional Application are as under:- One Chamcher Ali Mondal lodged one written complaint before the Officer- in-charge of Chapra Police Station on 01.01.2003, making allegations that his two sons viz Ajmat Mondal and Niyamat Mondal were killed by the B.S.F.Jawan without any provocation and took away their buffalos when they had gone to cultivate their land. On the basis of that written complaint Chapra Police Station Case No.2/03 dated 01.01.2003, was started for commission of alleged offence punishable under Section 302 of the Indian Penal Code. Investigation ended in submission of charge-sheet against accused Yogesh Kumar, Constable, B.S.F.;