Sub Inspector Prayed For Discharge Of Principal Accused In Counterfeit Currency Case- Calcutta HC Orders Suspension & Disciplinary Inquiry
The Calcutta High Court has ordered initiation of disciplinary proceedings against police officers and has also ordered their suspension pending the inquiry, after a sub-inspector of police prayed for the discharge of an accused from whom counterfeit notes were recovered.
The Court granted bail to the petitioner named Merajul Hoque who was in a custody for around 2 years and stated that it is disturbed by the conduct of the Investigating Officer, S.I. Sirajuddin Sarkar.
Advocate Ramdulal Manna appeared for the petitioner while APP Saibal Bapuli appeared for the state.
A Division Bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi while dealing with a bail application filed under Section 439 of the CrPC observed –
"We are disturbed by the conduct of S.I. Sirajuddin Sarkar (1st Investigating Officer) who prayed for discharge of Shankar Mahato. Subsequent S.I. Pabitra Mahato also endorsed such stance. It was also approved by the then I.C. Kaliachak Police Station. Prima facie, their conduct appears to be in gross dereliction of their statutory powers to investigate. In stead of pursuing the principal accused, the petitioner was arrested and has languished in custody for more than two years."
The Court also directed that a report about the disciplinary proceeding be filed before the Court on the adjourned date.
Only after a co-ordinate Bench of the High Court directed an investigation into the matter, further investigation was launched and a warrant of arrest was issued against the principal accused Shankar Mahato, and no recovery was made from the possession of the petitioner, the Bench noted.
The Court ordered, "We expect the concerned police officers shall be suspended during pendency of the disciplinary proceeding in order to enable its effective conclusion. Report in this regard shall be filed before the Court on the adjourned date."
Accordingly, the Court allowed the bail application and listed the matter in the month of February 2023.
Cause Title - In Re: Merajul Hoque