Calcutta High Court (Appellete Side)
Surendra Kumar Agarwal vs State Of West Bengal & Ors on 18 April, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 18.04.2019
Sl. No.9 Ct-42 BM CRR 3181 of 2004 Surendra Kumar Agarwal Vs. State of West Bengal & Ors.
None appears on behalf of the petitioner. No accommodation is also sought for. Accordingly, the revisional application be taken up on merit.
The revisional application has been filed challenging the judgement and order dated 12.10.2004, wherein the learned Sub-Divisional Judicial Magistrate, Alipore, was pleased to acquit the accused persons from the charges under Section 304A of the Indian Penal Code.
The petitioner herein filed an application under Section 156(3) before the learned Chief Judicial Magistrate, Alipore on 25.8.1999 pursuant to which Lake Police Station Case No.360 dated 13.9.1999 under Section 304A of the Indian Penal Code was registered against the opposite party no.2. In course of investigation the investigating officer of the case found materials against the opposite party nos. 3 & 4 and thereafter on completion of investigation submitted charge sheet against the opposite party nos.2, 3 & 4 for causing medical negligence. The said charge sheet was submitted under Section 304A of the Indian Penal Code. The prosecution in order to prove its case relied upon eight witnesses and number of documents. The learned trial court after appreciation of the oral and documentary evidence came to the conclusion that the opposite 2 party nos.2, 3 & 4 did not show any dereliction of duty which could come within the ambit of ratio and negligent act.
From the perusal of the impugned judgement and order, I do not find any manifest error on the face of the records and considering the fact that the incident is about 20 years old and more than 14 years have passed from the date of delivery of judgment, there is no special circumstance to interfere with the judgement and order of the acquittal.
Accordingly, the revisional application being CRR 3181 of 2004 is dismissed.
Rule issued by order dated 6.1.2005 is hereby discharged. LCR, if any, be sent back to the learned court below.
( Tirthankar Ghosh, J. )