Calcutta High Court (Appellete Side)
In Re : Nazrul Kha @ Nazrul Khan vs Sangita Sahu @ Shaw Reported In (2018) 3 C ... on 20 August, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 20.08.2019(14)
(ap) CRAN 2762 of 2019 In C.R.R. No. 8 of 2019 In re : Nazrul Kha @ Nazrul Khan. ..Petitioner.
Re: Application under Section 482 of the
Code of Criminal Procedure filed on 02.01.2019
Mr. Kaushik Gupta,
Mr. Arnab Nandi. ...for the petitioner.
Ms. Sayanti Santra. ...for the State.
The revisionist is aggrieved by an order dated 25th September, 2018 passed by the learned Additional Chief Judicial Magistrate-in-charge at Alipore, South 24 Parganas in BGR Case No.1442 of 2012 corresponding to Basanti Police Station Case No. 223 of 2012 dated 03.04.2012 under Sections 363/366/372 of the Indian Penal Code.
By the impugned order, the prayer of the petitioner for investigation of the case under the Immoral Traffic (Prevention) Act, 1956 has been rejected by the Court below.
The case diary of the instant case has been produced by the Counsel for the State wherefrom it appears that the two accused persons were granted statutory bail along with sureties on completion of sixty days. It further appears from the case diary that another accused, namely, Monirul Sekh was granted bail by the Court below under Section 438 of the Code of Criminal Procedure.
1 2 This Court, having perused the case diary, finds that prima facie case made out against the accused persons for having kidnapped and trafficked the victim girl and forced her into prostitution at Pune. The existing provisions of law under which the investigation is being conducted is unlikely to entitle the State Police to conduct a Multi State Investigation.
In those circumstances, the investigation shall be transferred to the C.I.D, Anti Human Trafficking, West Bengal to conduct the investigation afresh under the Protection of Children from Sexual Offences Act, 2012 and Immoral Traffic (Prevention) Act, 1956. C.I.D. shall be entitled to file supplementary chargesheet after further investigation. The accused persons shall be taken into custody in the event the C.I.D., West Bengal is of the view that their custodial interrogation is necessary for the purpose of proper investigation or even a trail into the matter, in which case the bail already granted to the three accused persons shall stand automatically cancelled.
It is requested that C.I.D, West Bengal shall take up the investigation as expeditiously as possible and complete the same preferably within a period of three months from the date of communication of a copy of this order.
In this regard, the Court has considered the case of State of West Bengal - Vs. - Sangita Sahu @ Shaw reported in (2018) 3 C Cr. LR (Cal) 459 where the investigation of these nature have been discussed in 2 3 details particularly at paragraph 10 thereof. Paragraph 10 is set out hereinbelow:
"10. Accordingly, we direct: -
(a) any First Information Report (for short F.I.R.) registered under the I.T.(P) Act or under sections 370/372/373 of I.P.C. or under the provisions of the POCSO Act involving commercial sexual exploitation of women or children should be investigated by a specialised agency like Anti-Human Trafficking Unit;
(b) Such F.I.R.s registered with the local police station must, within 24 hours thereof, be transferred to the specialised agencies for further investigation;
(c) In order to facilitate the investigation in these cases, State Government is directed to set up Anti-Human Trafficking Units in every district which shall be manned by specially trained police personnel not below the rank of Inspector who would be preferably women. These officers shall be notified as special police officers under section 13 of the I.T.(P) Act.
(d) statements of victims who are recovered in the course of raid or thereafter must be mandatorily recorded under Section 164 of the Code of Criminal Procedure;
(e) victims must be extended medical assistance which shall include psychological counselling in terms of section 357B of Cr.P.C. at appropriate specialised medical institutions of the State;
(f) upon the recording of their statements under Section 164 of the Code of Criminal Procedure necessary financial assistance by way of interim compensation and/or other rehabilitation measures provided under the Victim Compensation Scheme formulated by the State of West Bengal under Section 357A must forthwith be extended to the victims. In the event, the victims are minors they must be forwarded before the Child Welfare Committee for care, custody, rehabilitation, etc.
(g) Jurisdictional Magistrates/Special Courts to whom the cases are reported shall seek report from the Investigating Agency as well as from the Secretary, District Legal Services Authority with regard to providing of medical assistance, compensatory and/or other rehabilitation assistances to the victims of such crimes;
(h) whereever there is a threat perceptive to the victims and/or their families, they shall be extended police protection and other necessary protective measures by the trial court.
(i) prosecution of such cases shall be done with utmost promptitude and be concluded at an early date.3 4
(j) during trial, learned Public Prosecutors shall ensure the recording of depositions of the victims at the earliest without unnecessary delay preferably within a month from the date of commencement of trial so that any chance of winning over or intimidation of the victims may be minimal."
C.I.D., West Bengal shall follow the procedure laid down in such judgment.
The case diary is returned back to the Counsel for the State. In view of the aforesaid, the instant revisional application shall stand disposed of.
In Re: CRAN 2762 of 2019 In view of the disposal of the main revisional application, the connected application being CRAN 2762 of 2019 shall stand disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Rajasekhar Mantha, J.) 4 5 5 6 6