The duty of the Magistrate to verify the truth and veracity of the allegations, the requirement for prior applications under Sections 154(1) and 154(3) of Cr.P.C 1973, and the need for the Magistrate to apply judicial mind and reflect the reasons for ordering investigation under Section 156(3) in the order.

JUDGMENT

Rai Chattopadhyay, J. - Petitioners Liza Ghosh and Souvik Dutta have preferred to file the present Criminal Revision Case under Sections 401 and 482 of the Code of Criminal Procedure 1973 to challenge and with the prayer to set aside the impugned order dated 08.09.2021 of the Additional Chief Judicial Magistrate, Chandannagore in C.R Case No.361 of 2021.

2. By dint of the impugned order dated 08.09.2021 the trial court has allowed prayer of the opposite party No.2 to take cognizance of her compliant dated 04.09.2021 and to pass directions invoking its power under Section 156 (3) of Cr.p.c 1973. The trial court has allowed such prayer and directions were issued by dint of the impugned order dated 08.09.2021, upon the concern police authorities, to register the specific police case on the basis of the compliant dated September 4, 2021, by the present opposite party No.2.

3. In compliance with the said order, Chandannagore Police Station Case No.207 of 2021 dated 11.09.2021 was registered under Sections 341, 323, 379, 406 and 506 of the Indian Panel Code against the present petitioners. Record reveals that the connected GR case number is G.R.No. 1313 of 2021.

4. The present opposite party No.2 made allegations in the trial court inter alia as follows:-

The present petitioners are the daughter and the son-in-law respectively of the opposite party No.2. The opposite party No.2 has alleged in her compliant filed before the trial court that the petitioner No.1 married petitioner No.2 contrary to the desires of the opposite party No.2, i.e, the complainant/mother. It is further stated therein that, since after marriage both the petitioners in collusion between themselves have extracted huge amount of money on several occasions from the opposite party No.2/mother, on various pretexts including medical treatment etc. It is further alleged in the said compliant that the petitioner No.1 for one reason or another, have always caused hindrance to the due education and upbringing of her younger sister, that is, younger daughter of opposite party No.2 and during indisposition of their father due to Covid-19, when the entire expenditure of treatment of more than Rs.5 lakhs was made by the said younger daughter of opposite party No.2, the petitioner No.1 have wrongfully interfered to the detriment of better management of such treatment as well as good health and proper recovery of the said patient. Even, allegedly, petitioner No.1 suppressed the fact of her father having suffered heart attack and thus at that crucial period of time he could not be supported with appropriate treatment due to the non-cooperative behavior of petitioner No.1. It is submitted further that, all these lackadaisical attitude of petitioner No.1 has resulted into negligence in treatment of her father due to which her father died on 30.05.2021. Opposite party No.2 has further stated in her complaint that petitioner No.1 having wrongfully accessed to the ATM Card etc. of the opposite party No.2 have misused the fund in the bank account as well as endeavored to even grab the four wheeler purchased by the opposite party No.2.

5. The other specific allegation against petitioners, in the said compliant dated 04.09.2021, is that on 22.08.2021 both the petitioners came to the house of opposite party No.2, tried to open the gate and the door of the house forcefully, hurled abusive languages, physically assaulted the opposite party No.2 and also her brother namely, Goutam Neogy. More so, the opposite party No.2 has alleged in the said compliant that on the said date of incident, that is, on 22.08.2021, the petitioners particularly petitioner No.1 tried to commit murder of opposite party No.2 by strangulation and also stole gold ornaments of an amount of 1.5 Bhori.

6. Upon the compliant, as above, of the opposite party No.2, being filed on 04.09.2021, the trial court has passed an order on 08.09.2021, which is as follows:-

'Order dated 08.09.2021 Petitioner Ila Ghosh filed an appl