Calcutta High Court (Appellete Side)
Sudhir Kr. Ghosh And Another vs The State Of West Bengal And Others on 18 January, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
D/L16 18.01.2024
Bpg.
ct.no.14 W.P.A.1218 of 2024 Sudhir Kumar Ghosh @ Sudhir Kr. Ghosh and another Versus The State of West Bengal and others Mr. Rajdeep Mazumder Mr. Koustav Bagchi Ms. Priti Kar Mr. Debayan Ghosh.
...for the petitioners.
Mr. Sk. Md. Galib Ms. Tanwishree Mukherjee.
...for the State.
Affidavit-of-service and supplementary affidavit filed on behalf of the petitioners be kept with the record. A copy of the same be served upon the learned advocate for the State.
Learned advocate appearing on behalf of the petitioners submits as follows: The petitioner no.1 is a retired police officer, who is present in Court, and the petitioner no.2 is his elder daughter. The younger daughter of the petitioner no.1 wants to grab the entire property of the petitioner no.1 for herself. Certain disputes arose. The petitioners went to the Madhyamgram Police Station to lodge a complaint. In the police station, they were humiliated and 2 assaulted. Even the modesty of the petitioner no.2 was outraged. The assault was such that the police themselves had to take the petitioners to the hospital. In spite of this, an FIR was lodged against the petitioners themselves, inter alia, under Sections 341/186/509/506/34 of the Indian Penal Code. None of the offences are prima facie made out. There is no question of application of non-bailable section of 341 of the Indian Penal Code inside the police station. It is also quite incredulous that a 76 years old man along with her daughter would commit an offence against lady police officer under Section 509 of the Indian Penal Code. Representations were made before the higher authorities for registration of the petitioners' grievances, but no action was taken.
Learned counsel appearing on behalf of the State denies the allegations and seeks to submit a report prepared by the Inspector-in-Charge of Madhyamgram Police Station.
Obnoxious allegations have been made against a septuagenarian man, who can be seen going out of the Court room only with the assistance of others.
Since the Inspector-in-Charge of Madhyamgram Police Station is under scanner in 3 respect of the allegations levelled by the petitioners, the report is not accepted.
Let the Superintendent of Police, Barasat Police District file a report on the next date of hearing.
The CCTV footage of the police station for 31.12.2023 shall be preserved and a copy of the relevant footage from 12.30 p.m. to 8.30 p.m. be placed before this Court in a pen drive.
Let the Investigating Agency produce the case diary of Madhyamgram Police Station Case No.759 dated 31.12.2023 on the next date of hearing.
Let there shall be stay of all further proceedings in respect of Madhyamgram Police Station Case No.759 dated 31.12.2023 during pendency of this application.
List this matter for hearing under the heading "To Be Mentioned" on 7th February, 2024.
Urgent certified copy of this order, if applied for, be given to the learned advocate appearing for the parties upon compliance of all requisite formalities.
(Jay Sengupta, J.)