RONGON MUKHOPADHYAY,J. - (1.) Heard the parties.
(2.) This application is directed against the order dated 19.8.2013, passed in P.C.R. No. 387 of 2012, by the learned Judicial Magistrate, Madhupur, by which the complaint petition has been dismissed under section 203 of Cr.P.C.
(3.) It has been alleged that on 24.11.2016 the statement of the complainant was recorded, upon which, U.D. Case No. 8 of 2006 was instituted. In course of enquiry, the complainant had disclosed that on 20.11.2006 at about 9. P.M. his younger son Manoj Marandi had gone to attend the tribal cultural programme within the campus of Palajori Block. The son of the complainant did not return and on 24.11.2006, the complainant heard a rumor that near Palajori Block Nursery in a well, a dead body is lying. The complainant went and identified the dead body as that of his son-Manoj Marandi. He suspected that it was an accidental death because there was no guard wall in the well. Since from perusal of the postmortem report, the death was caused on account of injuries and shock, it was opined to be a homicidal death and therefore Palajori P.S. Case No. 14 of 2007 was instituted. After investigation, chargesheet was submitted against only Manager Hembrum and O.P. Nos. 2 to 6 were not sent up for trial. At this, a protest petition was filed by the complainant which was registered as P.C.R. Case No. 387 of 2012, in which it was alleged that the Manager Hembrum along with O.P. Nos. 2 to 6 had wanted the deceased Manoj Marandi to accompany them but they were prevented by Suhagin Soren and Malti Marandi. Allegation has been levelled that they had seen Manager Hembrum taking away the deceased Manoj Marandi with him in a motorcycle and the rest five accused persons had followed the said motorcycle on two other motorcycles. The complainant apart from being examined under solemn affirmation had also produced three witnesses who were examined in course of enquiry and thereafter vide order dated 19.8.2013, the learned Judicial Magistrate, Madhupur had dismissed the complaint petition under section 203 Cr.P.C.;