Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Sadar P.S. Case No. 39 of 2004 corresponding to G.R. Case No. 217 of 2004, including the order dated 30.07.2004, passed by the learned Chief Judicial Magistrate, Chaibasa, whereby and whereunder cognizance has been taken for the offence punishable under Section 306 of the Indian Penal Code. An F.I.R. was instituted on the fardbeyan of Bijay Kumar Paul, in which it was stated that the accused -petitioner called the informant in the compound of Lutheran Middle School and when the informant reached there, he found the accused standing there and on seeing the informant, she said that she is not going to marry him at any cost. It has been alleged that thereafter the informant brought some kerosene oil and set himself on fire in the school compound itself. Subsequently, he was brought to Sadar Hospital by his brother Ajay Paul for treatment. The informant had further disclosed that for the last five years, there was a love affair between the informant and the accused petitioner and the petitioner used to assure the informant that she would marry him. It has been stated thereafter by the informant that nobody is responsible for the incident.
(3.) BASED on the aforesaid fardbeyan of the informant, Sadar P.S. Case No. 39 of 2004 corresponding to G.R. Case No. 217 of 2004 was instituted for the offence punishable under section 309 of the Indian Penal Code but after the death of the informant, section 306 of the Indian Penal Code was added and the petitioner was made an accused. After investigation having found the case to be true, chargesheet was submitted by the police against the petitioner, pursuant to which vide order dated 30.07.2004, cognizance was taken by learned Chief Judicial Magistrate, Chaibasa for the offence punishable under section 306 of the Indian Penal Code.;