Calcutta High Court (Appellete Side)
Panchanan Mandal vs Unknown on 15 June, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
15.06.2017
Ct.28
RP 572
WP 14759 (W) of 2017
In the matter of : Panchanan Mandal
.... Petitioner
Ms. Barnali Gupta
.... For the Petitioner
Mr. Santanu Mitra
Mr. Abdus Salam
.... For the State
Mr. Sailesh Kumar Gupta
.... For the Respondent No.7
It is submitted on behalf of the petitioner that investigation into the crime relating to forgery of documents by the private respondents being Kolaghat P.S. Case No.122/17 dt. 09.04.17 under Section 420/465/467/468 IPC is not being conducted in a proper and impartial manner.
Report filed on behalf of the State/respondents be kept with the record. It appears from the report that investigating officer issued notice of appearance under Section 41A of the Code of Criminal Procedure upon respondent no.5 in the course of investigation. Let a copy of the report be handed over to the learned Advocate for the petitioner in course of the day. 2 Perusal of the aforesaid report clearly exposes the hollowness and illegalities in the investigation of the case. Notice of appearance under Section 41A CrPC may be resorted to in respect of offences punishable up to 7 years' of imprisonment. Offence under Section 467 IPC punishable upto life imprisonment.
Officer-in-Charge, Kolaghat Police Station and S.I. Nirapada Dolai of Kolaghat Police Station are directed to personally present on the next date of hearing and file affidavit to explain as to how Section 41A CrPC was resorted to in respect of investigation of offences involving life imprisonment.
Matter be listed under the same heading on 22nd June, 2017.
(Joymalya Bagchi, J.) 3