Calcutta High Court (Appellete Side)
Lutfar Rahaman Khan vs Unknown on 21 November, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
C.R.M. (A) 5303 of 2022 21.11.2022
Sl.10 In Re: - An application for anticipatory bail under Section 438 of Court No.29 the Code of Criminal Procedure in connection with Khejuri Police (AD) Station Case No.70 of 2007 dated 08/10/2007 under Sections 148/149/448/302/120B of the Indian Penal Code arising out of GR 526/2007.
And In the matter of: Lutfar Rahaman Khan ....petitioner.
Mr. Robiul Islam Ms. Firoja Khatun ... for the petitioner.
Mr. Neguive Ahmed, Ld. APP Ms. Ayantika Ray ... for the State.
Petitioner prays for anticipatory bail. The application for anticipatory bail relates to Khejuri Police Station Case No.70 of 2007 dated October 8, 2007 under Sections 148/149/448/302/120B of the Indian Penal Code, 1860.
Apparently, the State applied under Section 321 of the Criminal Procedure Code for withdrawal of the proceedings and it was allowed.
Learned Advocate appearing for the petitioner submits that a Public Interest Litigation being WPA(P) 67 of 2021 (Dipak Mishra vs. The State of West Bengal & Ors.) was filed challenging the order passed under Section 321 of the Code of Criminal Procedure.
In such writ petition an order dated March 31, 2021 was passed. According to him in WPA (P) 67 of 2021 an order dated April 13, 2021 was passed consequent upon the jurisdictional Court commenced the proceedings.
Learned Additional Public Prosecutor relies upon the materials in the case diary and a report dated April 14, 2022.
On a query of the Court, learned Additional Public Prosecutor 2 is unable to assist the Court as to the nature of the application under Section 321 as also the order passed therein. He submits that, according to him, he did not come across any new materials in the case diary subsequent to April 13, 2021.
In such circumstances, it would be appropriate to call for a report from the State with regard to the application under Section 321 of the Code of Criminal Procedure, the order passed therein, the orders subsequently passed either by the jurisdictional Court, the High Court, or the Hon'ble Supreme Court relating to the present police case, the present status of the case, subsequent to April 13, 2021, on the next date.
List the application on November 30, 2022 when the report as called for be furnished.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)