A magistrate cannot act merely as a post office while exercising power u/s 156(3) Cr. P.C. and must apply his judicial mind before doing so.

1. Pran Kumar Mandal has sought to invoke this court’s jurisdiction u/s 438 Cr. P.C. on the ground that he is being wanted by the police in connection with Burdwan P.S. Case No. 753/09 dated 22/11/09 under sections 498A/ 307/306/304B/354/420/379 IPC.

2. On perusal of the relevant CD it is found that one Santana Mondal @ Jhuma Kundu filed an application u/s 156(3) Cr. P.C. against her husband, the present petitioner and her in-laws alleging inter alia that her husband frequently used to hurl abusive and obscene languages and also to assault her regularly under the influence of liquor. Her mother-in-law also instigated her to commit suicide by setting fire on herself. She was treated with cruelty and even denied food by her husband now and then. Ld. C.J.M. Burdwan asked ‘I.C. Burdwan to treat the same as FIR’. On receipt of such petition of complaint Burdwan P.S. Case No. 753/09 dated 22/11/09 under sections 498A / 307 / 306 / 304B /354 /420 /379 IPC was registered. In course of investigation I.O. examined three witnesses i.e. the parents of the victim and landlord of the rented premises where the victim used to reside with her husband.

3. On appreciation of entire materials on record as are available in the CD in the light of submissions advanced by both sides, we do not find any reason to refuse the prayer for anticipatory bail.

4. We, therefore, feel inclined to extend the benefit of anticipatory bail in favour of the petitioner. Accordingly, accused petitioner Pran Kumar Mandal may be admitted on anticipatory bail on furnishing sufficient sureties on the following conditions:-

(i) the Petitioner shall make himself available for interrogation by the Investigating Agency once a week until further order.

(ii) He shall not leave the jurisdiction of Burdwan Police Station without the leave of the ld. C.J.M, Burdwan.

(iii) No direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer.

(iv) The Petitioner must submit to the jurisdiction of the Regular Court within a period of four (4) weeks.

5. Upon his surrender before the learned Court below, the learned Magistrate shall consider the prayer for bail of the Petitioner on the basis of the materials available against him as on that date without being guided by the disposal of this application.

6. In course of hearing of this prayer for anticipatory bail a grim, nay-dismal picture about the mode of discharge of magisterial function emerges and after noticing the same, we feel it imperative on this occasion to streamline the function of magisterial courts while exercising power u/s. 156 (3) Cr. P.C.

7. Burdwan P.S. Case No. 753/09 dated 22/11/09 under sections 498A / 307 /306 /304B /354 /420 / 379 IPC against the accused petitioner & others was registered by Sri Nepal Chandra Roy S.I. Burdwan P.S. on 22.11.2009 as a fall- out of a direction passed by the ld. C.J.M. Burdwan for treating the petition of complaint as FIR without proper application of a judicial mind. In our reading of the petition of complaint, filed before the ld. CJM Burdwan it is found that ingredients of offences u/s. 306/304B IPC are totally absent within the four corners of the said complaint.

8. It is most unfortunate that ld. CJM has not cared to have even a cursory glance over the averments of the petition of complaint prior to sending the same to I.C. Burdwan PS directing him to treat the same as FIR. Even though, the victim wife herself is the de-facto complainant, surprisingly enough the petition of complaint u/ss 498A / 307 /306/304(B)/354/420/379 IPC, without having elements of offences u/s 306/304(B) IPC has mechanically been forwarded by the ld. CJM Burdwan to the O.C. Burdwan P.S. for its registration. Since, the victim wife herself lodged the complaint and she is alive, it is beyond comprehension even for a prudent man as to how ld. C.J.M. is le