Calcutta High Court (Appellete Side)
438 Of The Code Of Criminal Procedure vs In Re : Ayes Mondal @ Ayesh Mondal on 19 April, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
19.04.2023 27 Ct. No. 29 KAUSHIK OP C.R.M.(A) 1656 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
And In Re : Ayes Mondal @ Ayesh Mondal ...... petitioner Mr. Niladri Sekhar Ghosh Mr. Tapodipta Gupta Ms. Sompurna Chatterjee Mr. Sourav Mondal ....for the petitioner Mr. Avishek Sinha ....for the State Petitioner seeks anticipatory bail. Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. De-facto complainant lodged two police complaints against two brother- in-laws of the de-facto complainant alleging rape. The tenor of the written complaint is same as against both the brother-in- laws. In one case, the incident spoken of by the de-facto complainant relates to one and half months prior to the complaint and the other two months prior to the complaint.
Learned advocate appearing for the State submits that, an application for recording the statement of the de-facto complainant was filed before the learned Jurisdictional Magistrate, when the Jurisdictional Magistrate gave a date of three months. Subsequently, another petition was filed and a 2 date of one month was given. He refers to the provisions of Section 164 (5A) of the Code of Criminal Procedure (Cr.P.C.).
The learned District Judge, Murshidabad will submit his report on this aspect on the next date.
List the application on April 24, 2023, when the learned District Judge will submit his report. Learned District Judge will take appropriate steps in order to ensure that the statements of the de-facto complainant is recorded in the meantime. In his report, he will specify as to why the mandate of Section 164 (5A) of the Cr.P.C. could not be complied with.
In the meantime, police will not arrest the petitioner. This will, however, not prevent the police from continuing with the investigations.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)