Advocate Of Petitioner Was Threatened By Police Inspector – Calcutta HC Transfers Investigation To CID West Bengal
Justice Bibek Chaudhuri of Calcutta High Court transferred the investigation of a criminal case to CID West Bengal holding that the advocate of the Petitioner was threatened by the police inspector of the local police station.
The High Court directed the Officers-in-charge of the police station to hand over the case diary of the case to the Officer, CID for further investigation as appointed by the D.I.G., CID.
The Court while holding so, noted –
"Since the learned advocate for the petitioner was even threatened by the police inspector being the well wisher of the opposite parties, this Court is of the view that both Kasba Police Station Case No.254 of 2021 and Anandapur Police Station Case No.63 dated 5th April, 2022 ought to be investigated by a competent officer of C.I.D., West Bengal. Therefore, the Officers-in-charge of Kasba P.S. and Anandapur P.S. are directed to hand over the case diary of the above mentioned case to the Officer, CID for further investigation as appointed by the D.I.G., C.I.D."
In this case, the Petitioner was harassed, threatened with dire consequences, and molested by the opposite party Nos. 2 and 3, Kasba Police Station Case was registered against the opposite parties under Sections 341/354B/506/114 IPC. The accused person were granted interim bail that was subsequently confirmed by the Jurisdictional Magistrate, holding, inter alia that the opposite parties have complied with Section 41A of CrPC.
Thereafter, the accused committed the same offence which compelled the Petitioner to lodge another complaint at Anandpur Police Station. The ACJM granted bail to both the private opposite parties.
Thus, the Petitioner approached the Calcutta High Court for cancellation of bail alleging the post bail conduct by the opposite parties.
The Advocate of the Petitioner via supplementary affidavit stated that not only opposite parties threatened to withdraw the case but also the Advocate was threatened by a Police Inspector of the local police station.
The Court thus observed –
"On perusal of the materials on record and having heard the learned advocates for the parties, it is prima facie proved when Anandapur Police Station case number was registered against the opposite parties that their post bail conduct was not satisfactory. They have not observed the conditions for bail. Therefore, I am inclined to cancel the order of bail passed in favour of the opposite parties. The police authority is directed to arrest the opposite parties forthwith."
Accordingly, the Court held that a copy of this order be sent to the D.I.G., C.I.D., Government of West Bengal at Bhawani Bhawan, Alipore, and a copy of this order be sent also to the Officers-in-charge of Kasba P.S. and Anandapur P.S. for information and necessary action and disposed of the application.