Judgment :

Biswaroop Chowdhury, J.

The petitioners before this Court are accused persons, in Kalchini P.S. Case no- 120/2020 dated 1/9/2020 now pending before Learned Additional Sessions Judge and Special Court (under S.C. and S.T. Act) 1st Court Jalpaiguri being Special case No- 12/2020.

The prosecution case in brief is that on 1.09.2020, officer in charge Kalchini Police Station received a written complaint made by one Usha Lohara Wife of Suraj Lohara of Rajabhatkhawa Marchantpara P.S. Kalchini District – Alipurduar against 1) Partha Pratim Dutta (Nantu) son of Dipak Dutta 2) Swpana Dutta wife of Partha Pratim Dutta the petitioners herein and one Pinki Bhattacharya wife of Nitai Bhattacharya (Nitu) all belonging to the same locality to the effect that on 30/08/2020 at about 5.00 hrs complainant’s son Animesh Lohara who was 17 years of age was found in hanging condition and later on medical officer of Latabari Rural hospital declared him dead. It is alleged by the complainant in her complaint that her son Animesh Lohara had a love affairs with Rupsha Dutta which was not accepted by the accused persons and they insulted Animesh Lohara frequently and even assaulted some time. On 28.08.2020 all the accused persons called Animesh Lohara and admonished him in such a way which let him to commit suicide. On the basis of this complaint Kalchini P.S. case No. 120/2020 dated 1.09.2020 u/s- 305/34 IPC was instituted and investigation taken up. During investigation on the prayer of Investigating Officer Learned Additional Chief Judicial Magistrate Alipurduar was pleased to add Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act 1989 and transferred the case before Learned Special Judge under Schedule Caste and Schedule Tribe Prevention of Atrocities Act 1st Court Jalpaiguri. Thereafter the investigation of the case was taken up by SDPO Alipurduar.

On completion of investigation charge sheet was submitted under Section 305/34 IPC read with Section 3(1)(x) of Schedule caste and Schedule Tribe Prevention of Atrocities Act 1989. The petitioners being aggrieved by the charge-sheet submitted and the proceedings in connection with Special case No-12 of 2020 pending before Learned Additional Sessions Judge and Special Court under Schedule Caste and Schedule Tribe Atrocities Act 1989 1st Court at Jalpaiguri has come up with the instant application.

It is the contention of the petitioners that the impugned proceedings being malicious vexatious and is liable to be set aside. It is further contended that mere advise or communication with one in order to keep, the daughter from inappropriate relations does not constitute the ground of abetment to commit suicide. It is also contended that it is essential to prove that the accused persons had the intention to provoke the victim to commit suicide in order to attract provisions of section 305 IPC. It is contended that the prosecution has failed to establish prima facie case under Section 305 IPC against the petitioners. The petitioners contend that the Learned Special Court under Schedule Caste and Schedule Tribe (Prevention of Atrocities Act 1989, has failed to appreciate the fact that there is no ingredient to bring the charges under the said Act hence the proceeding being bad in law is liable to be set aside. The petitioners further contend that the inclusion of the charge under Schedule Castes and Schedule Tribe (Prevention of Atrocities Act) was a result of the whimsical investigation of the police officials and in the charge sheet there is no reason to attract the said charge. The petitioner also contends that the impugned charge under Section 3(1)(x) of Schedule Castes and Schedule Tribe Prevention of Atrocity Act is completely irrelevant with the fact of this case.

Heard Learned Advocate for the petitioner and Learned Advocate for the opposite party no-1 State of West Bengal. Perused the materials in the case diary. Learned Advocate for the petitioner submits that his