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2017 Supreme(Online)(Cal) 39

CALCUTTA HIGH COURT
Justices Prakash Srivastava, J
In Re : Bikram Chatterjee


Advocates:
For the Appellant: Mr. Sekhar Kumar Basu, Mr. Mazumder
For the Respondents: Mr. Saswata Gopal Mukherjee, Mr. Debasis Roy

1. Sonika Singh Chauhan (hereafter the victim) suffered multiple injuries in a car crash at the dead hour of night on Rashbehari Avenue in South Kolkata on April 29, 2017. She was seated next to her friend who was driving the car (WB12C / 9755). Ultimately, the victim succumbed to her injuries. Tollygunge P.S. FIR No. 109 of 2017, dated April 29, 2017 under S.279/338/427/304 - A, Indian Penal Code (hereafter the IPC) was registered, wherein the victim's friend was named as an accused (hereafter the petitioner). Since the FIR was registered for alleged commission of bailable offences, the petitioner surrendered before the relevant Magistrate on May 5, 2017 and obtained bail on condition that he would co - operate with the investigating officer. While he was on bail, investigation of the FIR progressed. On the basis of the materials collected in course of investigation, the investigating officer submitted a prayer before the relevant Magistrate on May 30, 2017 for incorporating S.304, IPC in the array of offences instead of S.304 - A thereof. Such prayer was made based on statements of witnesses recorded both under S.161 and S.164 of the Code of Criminal Procedure (hereafter the Cr








































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