JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for setting aside of the Order dated 12.04.2022 passed by the learned Chief Judicial Magistrate, Jalpaiguri in connection with G.R Case No.2264 of 2020 arising out of Kotwali Police Station Case No.351 of 2020 dated 03.06.2020 under Sections 306/34 of the Indian Penal Code, 1860 whereby the Learned Chief Judicial Magistrate, Jalpaiguri after perusing the impugned second charge-sheet/supplementary charge-sheet being numbered as C/S No.122/22 dated 24.03.2022 filed on 12.04.2022 has fixed 06.05.2022 for appearance and commitment of the accused persons.

2. The petitioner’s case is that six years back her only son Arindam Sarkar now deceased married Manjushree Adhikari (Sarkar) at Sevoke Kalimandir, Siliguri and they had one daughter out of their wedlock.

3. That soon after the marriage the son of the petitioner came to know that accused Manjushree Adhikari (Sarkar) was previously married to one Tutu Adhikari, the fact of which was hidden from the petitioner’s son.

4. That her son Arindam Sarkar informed the petitioner that accused Manjushree Adhikari has not obtained any decree of Divorce from any court of law.

5. That soon after the marriage her son Arindam Sarkar (now deceased) together with accused Manjushree lived in a rented house at Pandapara, Jalpaiguri. The petitioner was informed by her son and by other people that one Biswaroop Roy, son of Gourango Roy of Newtown-para, Jalpaiguri, the accused no.2 used to frequently visit accused Manjushree Adhikari in his absence. There were frequent quarrels between her (deceased) son and the accuseds Manjushree and Biswaroop as Manjushree was having an affair with Biswaroop Roy and the intensity of his visits had increased and that both Manjushree and Biswaroop used to torture the deceased (both physically and mentally).

6. On 06.05.2020 the petitioner came to know that her son Arindam Sarkar has consumed poison and was taken to Superspeciality Hospital, Jalpaiguri. The petitioner along with her daughter Babli Shome and son-in-law Subhamoy Shome rushed to the said Hospital and found her son fighting for his life. The authorities of Superspeciality Hospital referred her son to Siliguri North Bengal Medical College and Hospital but he was admitted at Neotia Getwel Healthcare Centre, Siliguri.

7. That during his treatment at Neotia, her son revealed that accuseds Manjushree and Biswaroop on 6.5.2020 at around 12:00 hours physically assaulted the petitioner’s son and forced him to consume poison. The petitioner came to know from her daughter that her son revealed the same before the doctors and nursing staffs of both Neotia Hospital, Siliguri and Jalpaiguri Superspeciality Hospital but the Police officials somehow neglected to record the dying declaration of her son.

8. Her son Arindam Sarkar died on 7.5.2020 and thereupon she lodged a complaint with the Kotwali Police Station. The Kotwali P.S. took cognizance of the above complaint and started Kotwali P.S. Case being No.351/2020 dated 03.06.2020.

9. Thereafter the petitioner on several occasion tried to contact the Investigating Officer LSI Choisang Lama, but she was kept in darkness.

10. Left with no alternative, on 13.10.2020, she filed a written complaint before the Superintendent of Police, Jalpaiguri and also with the District Magistrate, Jalpaiguri for proper and fair investigation.

11. On 03.11.2020 the petitioner received a copy of a letter from office of the District Magistrate, Jalpaiguri wherein the I.C., Kotwali Police Station, Jalpaiguri was directed to investigate the said case and take necessary actions.

12. Since then no steps for fair and just investigation was taken up by Kotwali P.S.

13. On 9.12.2020 the petitioner came to know that Kotwali P.S has already filed Charge Sheet being No.518/2020 dated 28.07.2020.

14. It is submitted that the son of the petitioner was first taken to Superspeciality Hospital, Jalpaiguri and from there he was referred to