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State Advocate General Bolai Roy mentioned the CBI chargesheet and pointed out that the agency had charged the trio — former DC (DD) Ajay Kumar, Assistant Commissioner Sukanti Chakra-borty and Sub-Inspector Krishnendu Das — of only attempting to separate Rehman and his wife Priyanka Todi. He said the state government had given permission to the CBI to prosecute the three police officers in accordance with the charges mentioned in the chargesheet. The charge-sheet did not mention that the trio had provoked Rizwanur to commit suicide.
According to the charge-sheet filed by the CBI, the state government had allowed the agency to prosecute the three officers under Section 120B (criminal conspiracy) and Section 506 (criminal intimidation ) of the IPC, said Roy. The government had not given the sanction to book the officers under Section 306 (abatement to commit suicide). The officers could be charged with Section 306 only if the agency comes up with supporting evidence, argued the advocate general.
The CBI had filed a charge-sheet against the three police officers on September 22, 2008. The agency had also sought permission from the state government to prosecute the officers under Sections 120B, 506 and 306 of the IPC. In the first week of December, the state government had given permission to the CBI to prosecute the them under Sections 120B and 506.
Subsequently, the Rehman family filed a writ petition alleging that to protect the officers the state government had not given the permission to prosecute them under Section 306. The case will come up for hearing on January 15.


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