Police’s Work Deserves Appreciation: Calcutta HC Refuses To Quash Proceedings Against 4 Students Accused Of Assaulting Policeman
The Calcutta High Court while refusing to quash the proceedings against the four students who were accused of assaulting a policeman observed that the work of the police officers deserves appreciation and acknowledgment.
The accused students were alleged to have abused, assaulted, and obstructed a policeman who was trying to stop them from bursting firecrackers on the rooftop of the police quarters.
A Single Bench of Justice Shampa Dutt (Paul) held, “It’s easy to forget all the hard work and sacrifices police officers make on a daily basis. Everyone loves acknowledgement and appreciation, the Police are no different. Their work deserves appreciation and acknowledgement so that they are inspired to do more service effectively. In the present case the noise and fire was sought to be stopped not only for the residents but also as there was danger of loss of life and properly in case of an accident by fire which the petitioners may not forsee.”
The Bench also said that too often, the hard and dangerous work that the police officers do goes unnoticed or at least unrecognized.
“Most people don’t really think about what police do every day in their community until they need assistance from them. There are a lot of reasons to thank the local police department”, the Court said.
Advocate Sabir Ahmed appeared on behalf of the petitioners i.e., the accused students while Advocate Rita Dutta appeared for the State.
In this case, the policeman after receiving a complaint regarding the firecracker bursting by the accused students reached the spot. He was trying to stop them from bursting the firecrackers on the rooftop of the police quarters. The policeman was stopping them for the wellbeing of the residents of the building and to prevent any accident that could take place causing loss of life.
However, the accused students became furious and with a hostile attitude used abusive language and obstructed his public duty. They also assaulted the policeman. The petitioners hence moved to the High Court for quashing of the proceedings with regard to the case registered in connection to the offences punishable under Sections 186, 353, 323, 285, 286, and 34 of the Indian Penal Code
The High Court after hearing the contentions of the counsel noted, “… there is sufficient materials for proceeding against the accused/petitioner towards trial and the inherent power of the court should not be exercised to stifle a legitimate prosecution...”
The Court also noted that the ultimate test was whether the allegations had any substance.
“In the Present case there is substance in the allegations and material exists to prima facie make out the complicity of the applicant in a cognizable offence, which is triable by a court of sessions and as such the proceedings in this case should not be quashed and this is a fit case where the inherent powers of the Court should not be exercised”, the Court asserted.
Accordingly, the Court dismissed the plea and refused to quash the proceedings against the accused students.
Cause Title- Sri Writuraj Sen & Ors. v. The State of West Bengal & Anr.