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1978 Supreme(Cal) 14

MONOJ KUMAR MUKHERJEE
SUPERINTENDENT & REMEMBRANCER OF LEGAL AFFAIRS, WEST BENGAL – Appellant
Versus
NASIMA RANGA RAO – Respondent


JUDGEMENT

This revisional application at the instance of the State of West Bengal is directed against an order dated 29-6-76 passed by Shri D. K. Banerjee, Sessions Judge, Purulia in Criminal Revision No. 18 of 1976. Facts relevant for the purpose of disposing of the present Rule may be stated as follows: -

For a Railway accident that occurred on 12-8-75 the accused opposite party was arrested being one of the drivers of the engine involved in the accident but there being injuries on his person, he was admitted to the hospital. A case under Ss.294/304A of the I. P. C. and 101 of the Indian Railways Act was started against the accused on 13-8-75 by Purulia G. R. Police Station and on his discharge from hospital the accused was produced before the learned Judicial Magistrate, Purulia on 17-8-75 and was released on bail. The case was adjourned from time to time to enable the police to submit their report of investigation and on 14-2-76 on the prayer of the investigating officer, time was extended, till 1-4-76 for submission of report in final form. On the date so fixed, that is, on 1-4-76 no report was submitted by the investigating officer and the learned Sub-Divisional Judicial Magist











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