Calcutta High Court (Appellete Side)
Sanjukta Samanta & Anr vs Union Of India & Ors on 26 September, 2025
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Ananya Bandyopadhyay
W.P.A. 15260 of 2024
Sanjukta Samanta & Anr.
-Vs-
Union of India & Ors.
Petitioner No. 1 in person : Mrs. Sanjukta Samanta
Petitioner No. 2 in person : Mr. Romit Dutta
For the Respondent Nos. 1 & 2 : Mr. Rajdeep Majumdar
Mr. Pinaki Ranjan Chakraborty
For the State : Mr. Ranabir Roy Chowdhury
Mr. Manas Kumar Sadhu
Ms. Subhasree Patel
For the Respondent No. 13 : Mr. Neeraj Sekhar
Ms. Malabika Saha
Heard on : 13.03.2025, 28.03.2025,
25.06.2025, 11.07.2025
Judgment on : 26.09.2025
Ananya Bandyopadhyay, J.:-
1. The instant writ petition had been assigned to this Court by the Hon'ble the
Chief Justice, High Court at Calcutta, after the instant writ petition had
been released by the Co-Ordinate Bench of this Court presiding over in
Court No.14 vide its Order dated 05.08.2024 replicated as follows:-
"Live streaming of Court proceeding has been paused.
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Heard submission of the petitioner no.2 and the learned advocate
representing the respondent no.13.
The petitioner no.1 behaves in an extremely unruly manner before
the Court. She is highly agitated. The Court is not inclined to hear the
matter.
Let this matter be released from the list of this Bench and be placed
before the Hon'ble Chief Justice for necessary order."
2. The instant writ petition had been filed, inter alia, praying for following
reliefs:-
"........
B. Writ of an/or in nature of mandamus do issue commanding the
respondents to declare the impugned proceedings of Chatterjeehat
Police Station Case 86 of 2024 dated 04.05.2024 under sections
341/365/468/420/506/34 IPC is illegal, void ab initio and
unconstitutional;
C. Writ in nature of mandamus to quash the entire proceedings in
connection with Chatterjeehat Police Station Case 86 of 2024 dated
04.05.2024 under sections 341/365/468/420/506/34 IPC pending
before Learned CJM at Howrah and being investigated by state
respondents;
D. Writ in nature of mandamus do issue commanding the respondents
and its men, subordinates, assignees to unconditionally forthwith
withdraw, recall, rescind all steps taken in pursuance of the
Chatterjeehat Police Station Case 86 of 2024 dated 04.05.2024 under
sections 341/365/468/420/506/34 IPC;
E. Writ of an/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates and each one
of them to quash/set aside the impugned Notification issued by the
office of Respondent 6 vide Org No.618/CS dated 06.05.2024 through
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which the investigation of Chatterjeehat Police Station Case no.78 of
2023 dated 04.05.2023 was taken up by respondent no.7;
F. Writ of and/or in nature of mandamus do issue commanding the
respondents to render appropriate protection to life, liberty and
possession to the writ petitioner no.1 by the respondents 1, 2;
G. Writ of and/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates and each one
of them to hand over the Case Diary of Chatterjeehat Police Station
Case no.78 of 2023 dated 04.05.2023 to the office of Respondent no.4
forthwith;
H. Writ of and/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates to stay the
investigation of impugned FIR Chatterjeehat Police Station Case 86 of
2024 dated 04.05.2024 under sections 341/365/468/420/506/34
IPC by respondent no.9 with immediate effect;
I. Writ of an/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates not to take any
coercive steps against the petitioners in connection with Chatterjeehat
Police Station Case 86 of 2024 dated 04.05.2024 under sections
341/365/468/420/506/34 IPC;
J. Writ of and/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates not to take any
coercive steps against the petitioners in connection with any frivolous
FIRs against the Writ Petitioners by the accused respondent 13 and his
associates;
K. Writ of and/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates to stay the
impugned further investigation of Chatterjeehat Police Station Case
no.78 of 2023 dated 04.05.2023 by State CID respondents;
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L. Writ of and/or in nature of mandamus do issue commanding the
respondents and of their men, agents and subordinates not to register
any false FIR against the Writ Petitioners by the instant accused
respondents and his associates without any preliminary inquiry as
well as without leave of this Hon'ble Court;
M. A writ of and/or in nature of certiorari directing the concerned
respondents being respondent Nos.1, 2 and 4 thereof to transmit
and/or produce all relevant records lying with them to this Hon'ble
Court so that conscionable justice may be done after hearing the
respective parties to this writ petition;
N. A writ of and/or in nature of Mandamus commanding the
respondent authorities 1, 2 to render appropriate protection to protect
life and possession of the petitioner;
......."
3. The petitioner Nos.1 and 2 contended to be the Learned Advocates practising
in the High Court at Calcutta as well as the Supreme Court of India. The
petitioners, on invitation by the respondent No.13, visited his house at
Tamilnadu to hold a conference with the father of respondent No.13
concerning the filing of affidavit-of-assets and liabilities in connection with a
dispute regarding domestic violence instituted against the respondent No.13
pending at the District Court of South 24-Parganas at Alipore.
4. Petitioner No.1 learnt of certain false information presented through an
affidavit-on-oath before the Court of Learned 6 th Judicial Magistrate at
Alipore, South 24-Parganas concerning the occupation of respondent No.13
and confronted the same. The respondent No.13 consequently insulted the
petitioner, indignifying her with threats, defamation and dire consequences.
Subsequently, the petitioner No.1 was threatened by an associate of
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respondent no.13 as narrated in paragraphs 5 and 6 of the writ petition. The
petitioners, thereafter, forwarded a complaint through e-mail to the
respondent no.8 being the Commissioner of Police, Howrah and Kolkata
Police on 23rd of April, 2023 at 21:44 hours.
5. On 29th of April, 2023 at about 08:30 P.M., the respondent no.13
accompanied by his associate forcefully entering the chamber of petitioner
no.1, physically molested and harassed her as stated in paragraph 8 of the
writ petition. Meanwhile, the unknown associate vandalized the chamber of
the petitioner and escaped therefrom along with a mobile of model Vivo -
Y100 and a sum of Rs.65,000/- in cash.
6. The petitioners initially refrained to proceed against the criminal acts of
respondent no.13, however, ultimately lodged a complaint against the
aforesaid respondents at the office of respondent no.8 and 9, i.e., Officer-in-
Charge of Chatterjeehat Police Station at Howrah on 03.05.2023 at 20:21
hours and the complaint was registered as Chatterjeehat Police Station Case
No.78 of 2023 dated 04.05.2023 under Sections
420/406/448/341/323/354B/307/376/379/506/34 of the Indian Penal
Code. The respondent no.13 was, thereafter, arrested by the office of the
respondent no.9 who later on obtained an order of bail from the Hon'ble
Court.
7. The petitioners had filed a complaint registered by the police being Howrah
P.S. Case No.262 of 2023 dated 27.07.2023 under Sections 195A/506/34 of
the Indian Penal Code against the associates of respondent no.13 for being
threatened as mentioned in paragraph 15 of the writ petition.
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8. The petitioners contended to have been insinuated through various means
as stated in paragraphs 17, 18, 19, 20, 21 and 22 of the writ petition. The
predicaments of the petitioners had been vividly described in paragraphs 25,
26, 27, 28, and 29 of the writ petition. The petitioner no.1 claimed herself to
be a member of a political party, who had dealt with a Public Interest
Litigation in person addressing the grievances in connection with an incident
which occurred at Sandeshkhali in West Bengal through a writ petition
being No.WPA(P) 78 of 2024 before the Hon'ble High Court at Calcutta and
SLP(C ) No.9462/9465 of 2024 before the Hon'ble Supreme Court of India.
The petitioner no.1's combat and opposition against injustice towards
general women through the aforesaid writ petition rendered her aged senior
citizen parents to suffer from trauma and threats at the behest of her
competitive political party. The petitioner no.1 narrated the conduct of the
Learned Public Prosecutor of the State of West Bengal in paragraphs 35 and
36 of the writ petition.
9. The petitioners in the instant writ petition further stated as follows:-
(i) The State respondents in collusion and conspiracy with the accused
respondent no. 13 had registered the said FIR being Chatterjeehat PS
Case 86 of 2024 dated 04.05.2024 against the petitioner no.1 and
petitioner no.2, who was prime witness of the heinous crime
happened to her in the form of Chatterjeehat PS Case No.78 of 2023
dated 04.05.2023 to achieve their ulterior motive to put the instant
petitioner no.1 and 2, behind the bar for restraining the petitioner
no.1 from representing herself for the sexual assault victims of
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Sandeshkhali, West Bengal as in person PIL Writ petitioner therein
before Hon'ble High Court at Calcutta in WPA (P) 78 of 2024.
(ii) The instant false and fabricated FIR being Chatterjeehat PS Case
No.86 of 2024 dated 04.05.2024 was the delayed counterblast of the
Chargesheeted Case being Chatterjeehat Police Station Case no 78 of
2023 dated 04.05.2023, Howrah PS Case 262 of 2023 dated
27.07.2023 and Chatterjeehat PS Case 23 of 2024 dated 05.02.2024.
(iii) The instant false FIR against Writ Petitioners was lodged by complete
misusing the liberty granted by Hon'ble High Court in WPA 23711 of
2023 while the Hon'ble High Court while disposing WPA 23711 of
2023 vide order dated 16.04.2024 never granted liberty to the
accused respondent 13 to lodge a fresh /de novo complaint before
police against petitioners with inordinate delay for registration of FIR.
(iv) The accused respondent no.13 in collusion and conspiracy with the
State police had misused and abused the Hon'ble High Court given
liberty to fabricate instant petitioners into a false, fabricated FIR.
(v) The respondent no.3, being clubbed up with the state respondents
had been actively involved in terrorizing the victim writ petitioner and
prime eye witness her husband of the case being Chatterjeehat PS
Case No.78 of 2023 dated 04.05.2023 by way of taking up
investigation of the case by CID in completely mala fide manner
totally contradictory as mandated by law as well as by way of filing
such false and fabricated FIR against the petitioner and her husband.
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(vi) After coming out of judicial custody and police custody for
commission of crime of sexual violence against petitioner in
connection with Chatterjeehat Police Station Case 78 of 2923 dated
04.05.2023, to wreak personal vengeance the prime accused
respondent 13 had created a false, fabricated story of his alleged
abduction of himself at same time while he committed crime and had
lodged FIR against writ petitioner after one year of inordinate delay.
(vii) She, being the de-facto complainant of Chatterjeehat PS Case 78 of
2023 dated 04.05.2023, was not being able to return at her home city
Calcutta as well as she had not been able to represent the sexual
assault victims of Sandeshkhali, West Bengal in the PIL WPA(P) 78 of
2024 (physically , which was the PIL filed by her as in person at first
instance for protection of Vulnerable victims therein) before the
Hon'ble High Court at Calcutta and before this Hon'ble Supreme
Court as SLP (C) No. 9462-9465 of 2024 .
(viii) Due to registration of said false FIR being Chatterjeehat PS Case
86 of 2024 dated 04.05.2024 upon a deviated version of original
crime incident happened to the writ petitioner no. 1, she would not be
able to represent herself as in person petitioner de-facto complainant
before the Learned Trial Courts and before Hon'ble High Court in
several proceedings under severe threat of her and her husband's
arrest by the State police machineries upon said false FIR registered
against the Writ Petitioner and her husband.
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(ix) The petitioner stated that the FIR being Chatterjeehat PS Case 86 of
2024 dated 04.05.2024 was registered to wreak personal vengeance
against the writ petitioner and her husband by the state police
respondents in collusion and conspiracy with the accused respondent
no.13.
10. The investigation in Chatterjeehat Police Station Case No.78 of 2023 dated
04.05.2023 was entrusted upon respondent no.6 C.I.D., West Bengal at the
instance of the Learned Public Prosecutor, State of West Bengal unilaterally
without an order passed by the Hon'ble High Court at Calcutta to the
astonishment of the petitioners which, according to the petitioners, had been
biased and politically motivated.
11. The petitioners are of the firm conviction to be betrayed with right to fair
investigation and fair trial to their utter detriment and prejudice. The
petitioners, being intimidated by the action on the part of the State agencies,
further sought for personal protection as she had been constantly threatened
by the police offices, CID officials etc. The petitioners, as would appear from
the order-sheets of the instant writ petition, appeared before this Court in
person and agitated their trauma and agony to have been continuously
threatened by the respondents and other State officials resulting in their
apprehension of life and property to be in extreme danger and peril.
12. The petitioner no.1 claimed to have been physically molested by the
respondent no.13 and the State agencies constantly threatened and
harassed her preventing her to pursue her profession as a lawyer and to
fight for the cause demanding protection of women's life, right and dignity.
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Petitioners appearing in person submitted the Learned Public Prosecutor on
his own accord had transferred the investigation to the CID agencies without
an order of the Hon'ble High Court at Calcutta to investigate the
Chatterjeehat Police Station Case being No.78 of 2023 as aforesaid to wreak
vengeance against them.
13. The order dated 23.08.2024 passed by this Court is replicated hereinbelow:-
"The learned advocates for the respondent nos.3 to 11 and the
respondent no.13 are present.
The petitioner no.1 appeared online prior to the recess expressing
her extreme urgency for listing the matter for hearing. Accordingly, a
supplementary list was prepared fixing the matter at 2.00 p.m.
The petitioner no.1 did not appear before the Court either in-person
or online at the time of hearing though the petitioner no.2 appeared
online and submitted due to medical emergency, the petitioner no.1
could not appear before the Court.
It was further submitted by the petitioner no.2 that the Union of
India being the respondent no.1 and the Central Industrial Security
Force being the respondent no.2, should be providing proper security to
the petitioner nos.1 and 2 and their presence was required for
adjudication of the instant writ petition at the time of hearing.
The petitioner nos.1 and 2 are directed to serve a notice upon the
learned advocate for the respondent nos.1 and 2 intimating the next
date of hearing on 3rd September, 2024 and to file an affidavit of
service to that effect.
Next date be fixed on 3rd September, 2024 at 2.00 p.m. for further
hearing."
14. Subsequently, on 03.09.2024 the petitioner no.1 and 2 appeared in person
and submitted the arbitrary action on the part of the Learned Public
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Prosecutor to have initiated the investigation through CID, West Bengal
without the direction obtained from the Learned Chief Judicial Magistrate,
Howrah based on a communication addressed to the same and referred to an
order dated 08th April, 2024 passed by an Hon'ble Co-Ordinate Bench of this
Court in CRR 1023 of 2024.
15. Considering the submissions of the petitioners in person, this Court passed
an order dated 03.09.2024 as replicated hereinbelow:-
"The supplementary affidavit filed by the petitioner no.1-in-person
be kept on record. Copies of the same have been served upon the
leaned advocates appearing for the other respective respondents.
The petitioners-in-person referred to the order dated 8 th April, 2024
passed by a Hon'ble Coordinate Bench of Court in CRR 1023 of 2024
as well as to the communication addressed to the learned Chief
Judicial Magistrate, Howrah Court, marked as "annexure P-10" to the
writ petition. The petitioners as aforesaid further submitted that the
communication to the learned Chief Judicial Magistrate, Howrah Court
referring to CID investigation was not directed through an order of this
Court, as aforesaid.
The learned advocate for the State refers to the Police Regulation
Bengal, 1943 whereby the CID can on its own take up the
investigation. The learned advocate for the State is requested to inform
the learned Public Prosecutor, Mr. Debasis Ray to be present before
this Court on the next date of hearing to explain as to what prompted
him to submit before the Coordinate Bench that the investigations were
to be conducted up by the CID, West Bengal.
The learned advocate for the respondents are to file respective reply
to the supplementary affidavit filed by the petitioners-in-person before
the Court on the next date with regard to the possibility of security to
be provided to the petitioner no.1 as claimed in the instant writ petition.
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Heard the submission of the learned advocate representing the
respondent no.13.
The status report filed by the learned advocate for the State be kept
on record. A copy of the same has been served upon the petitioner
nos.1 and 2 in Court.
Next date be fixed on 17th September, 2024."
16. Vide order dated 17.09.2024, this Court had appointed Learned Senior
Advocate Mr. Milon Mukherjee, the Learned Advocate Mr. Souvik Mitter and
Learned Advocate Ms. Sutapa Sanyal to assist the Court as Amicus Curiae in
order to dispose of the instant writ petition which was accepted by the
aforesaid Learned Advocates. The order dated 17.09.2024 passed by this
Court replicated as follows:-
"The learned senior advocate Mr. Milon Mukherjee, the learned
advocate Mr. Souvik Mitter and the learned advocate Ms. Sutapa
Sanyal have been requested to assist the Court as amicus curiae in
order to dispose of the instant writ petition and the same has been
accepted by the aforesaid learned advocates.
The learned advocate representing the respondent no.13 submits to
serve a copy of the writ petition along with the annexed documents and
the orders to the learned advocates appointed as amicus curiae in this
matter.
The learned advocate representing respondent nos.1 and 2 are
present and submitted the opinion of the Union of India with regard to
the provision of safety and security, generally accorded to specific
individuals subject to certain circumstances.
It is further submitted that the Ministry of Home Affairs is the
appropriate authority to provide safety and security to an individual
considering the threat perception after thorough assessment of the
facts and circumstances of a distinct case.
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Heard the submissions of the learned advocates appointed as
amicus curiae and also the submissions of the petitioner no.1 and 2
appearing in-person.
The learned advocate representing the respondent no.13 seeks time
to file an affidavit-in-opposition to the supplementary affidavit filed by
the petitioner nos.1 and 2 appearing in-person after the processes for
filing the same gets endorsed through the concerned authority
pertaining to Bangladesh and the same is allowed.
Next date be fixed on 4th October, 2024 at 2.00 p.m. for further
hearing."
17. On 04th October, 2024, the petitioner no.2 appeared online and submitted to
have preferred an appeal before the Division Bench presided over by the
Hon'ble the Chief Justice, High Court at Calcutta and sought for time on
that ground. PW-1 did not appear before the Court. Petitioner no.1 and
petitioner no.2 were directed to file an affidavit preferring an appeal as
aforesaid.
18. On 18th November, 2024, petitioner no.1 did not appear before this Court
either in person or online. Petitioner no.2 appeared online and filed a
supplementary affidavit through is concerned Learned Advocate Mr. Arkadeb
Nag in open Court which, inter alia, stated the grievance of the petitioners
against the order dated 17.09.2024 passed by this Court in WPA 15260 of
2024 for seeking assistance of the Learned Advocates of this Court to act as
Amicus Curiae as aforesaid.
19. The appeal was preferred before the Hon'ble Division Bench presided over by
the Hon'ble the Chief Justice being MAT 2051 of 2024 on 6 th of November,
2024. Moreover, the fate of the said appeal had not been communicated to
this Court, if at all the hearing had been conducted. On 18 th November,
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2024, the Learned Public Prosecutor appeared before this Court in
compliance with the order dated 03.09.2024 whereby this Court had sought
for an explanation as to what prompted him to submit before the Co-
ordinate Bench that the investigation of the Chatterjeehat Police Station
Case Nos.86 of 2024, 78 of 2023 and 23 of 2024 was to be conducted by the
CID, West Bengal.
20. The Learned Public Prosecutor submitted several complaints and allegations
against two Hon'ble Judges of this Court and the officials of the
Chatterjeehat Police Station by the petitioners compelled him to ensure the
investigation to be carried out by an agency not comprising of the said
officials of the Chatterjeehat Police Station and to obliterate the
apprehension of partial and biased investigation, the same was asked to be
conducted by the CID, State of West Bengal.
21. On 19th of December, 2024, the Learned Public Prosecutor in compliance
with the order dated 18th November, 2024 filed a report stating the status of
investigation concerning the aforesaid police station cases. On 19 th
December, 2024, the Learned Public Prosecutor filed the report as aforesaid
along with an explanation as sought for. The petitioner no.1 was neither
present before the Court nor appeared online. Petitioner no.2 appeared
online and stated the appeal filed before the Division Bench was appearing
in the Daily List to be called for hearing. The petitioner no.1 and 2 had been
time and again asked by this Court to produce the details of the complaint or
G.D. Entry number which they claimed to have filed in the concerned police
station on several occasions for being threatened, physically manhandled,
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molested and harassed. The petitioners did not produce any reference to that
effect before this Court.
22. An order dated 03.10.2023 passed by the Co-Ordinate Bench of this Court in
WPA 23711 of 2023 is replicated as follows:-
"The respondent no. 12 appears in-person and tries to out shout
others. In spite of request made by the Court to calm down, she does
not relent and continues with her belligerent demeanour.
In view of this, I am not inclined to take up this matter.
Accordingly, the matter is released from my list."
23. It is pertinent to mention that the petitioners and the respondent no.13 who
had been the erstwhile client of the petitioners who sought for legal
assistance of the petitioners engaging them to be his advocates had filed writ
petitions being No.WPA 23711 of 2023 and WPA 21868 of 2023 wherein
several complaints had been filed against each other. Vide an order dated
16.04.2024, a Co-Ordinate Bench of this Court had passed the following
order:-
"Both these writ petitions are taken up for hearing together. It
appears that the petitioners in both the cases have filed several
complaints against each other.
In Re: W.P.A. No.23711 of 2023
The petitioners in WPA No.23711 of 2023 lodged several complaints
against the petitioner in WPA No.21868 of 2023 before the Criminal
Investigation Department, West Bengal. In this writ petition, some of
the complaints have been annexed at annexure P/15. The petitioners
allege that no case has been registered or investigation has been
initiated following the said complaints.
I am of the view that the petitioners should lodge complaint before
the concerned police station at the first instance.
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Therefore, this writ petition is disposed of granting liberty upon the
petitioners to lodge complaint before the concerned police station. If the
complaint discloses any cognizable offence, the relevant police station
shall take steps to register F.I.R. and investigate the matter in
accordance with law.
Accordingly, W.P.A. No.23711 of 2023 and connected
applications, I.A. No. CAN 1 of 2024 and CAN 2 of 2024 are
disposed of.
In Re: W.P.A. No.21868 of 2023
The petitioner in this case is a lady advocate. It appears that she
also filed several complaints against the petitioners in WPA No.23711
of 2023.
Following the complaints, the Investigating Agency has filed
Chatterjeehat P.S. charge sheet no.191/23 dated 31.10.2022 under
Sections 420/406/448/341/ 323/307/379/354B/376/506/34 of the
Indian Penal Code, 1860, and Howrah P.S. charge sheet no.277/23
dated 30.09.2023 under Sections 195A/506/34 of the 3 Indian Penal
Code, 1860, before the jurisdictional Court. The trials have not yet
commenced.
It is the grievance of the petitioner that while attending the Courts in
connection with the aforesaid criminal cases, she is being harassed
and even attacked by the petitioners in WPA No.23711 of 2023. These
allegations have been vehemently denied by the petitioners in WPA
No.23711 of 2023.
This Court is not in a position to appreciate the factual disputes. It is
only expected that if the petitioner approaches the learned Trial Court
seeking her protection, to ensure a free and fair trial, her prayer shall
be considered by the Court below by passing necessary order.
Accordingly, W.P.A. No.21868 of 2023 and connected
applications, I.A. No. CAN 1 of 2023 and CAN 2 of 2024 are
disposed of."
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24. The present petitioners in the instant writ petition had filed an appeal
against the order dated 16.04.2024 passed in WPA 23711 of 2023 and WPA
21868 of 2023 before the Division Bench presided over by the Hon'ble the
Chief Justice of this Court. By a judgment dated 21.05.2024 in MAT 831 of
2024, the Hon'ble Division Bench presided over by the Hon'ble Chief Justice
of this Court had passed a judgment replicated as follows:-
"1. We have heard the learned advocates for the parties.
2. The appellant no.2, who is appearing online and he had sent a
message in the chat box praying that the live streaming of the
proceedings be paused. Acceding to the request made by the appellant
no.2, live streaming of the proceeding was paused.
3. This intra-Court appeal is directed against the order passed in
W.P.A. No.23711 of 2023. The said writ petition was filed by the
respondent herein stating that several complaints have been lodged
against the respondents before the Criminal Investigation Department,
West Bengal and some of the complaints were annexed to the writ
petition. Further, the writ petitioners allege that no case has been
registered or investigated based on the complaints lodged by the
respondents/writ petitioners.
4. The learned Single Bench did not go into the merits of the matter but
disposed of the writ petition by the impugned order observing that the
writ petitioners, if aggrieved, should lodge complaint before the
concerned police station, at the first instance. Accordingly, the writ
petition was disposed of granting liberty to the writ petitioners to lodge
complaint before the concerned police station with an observation that
if the complaint discloses a cognizable offence, the relevant police
station shall take steps to register F.I.R. and investigate the matter in
accordance with law.
5. We failed to understand as to how the appellants before us, whose
names have been masked at their request, are aggrieved by the order
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passed in the writ petition as the learned Writ Court has not gone into
the merits of the matter and left it open to the writ petitioners to work
out their remedy before the concerned police station.
6. The appellant no.2, who is appearing online, submitted that several
cases have been registered against them and there is a threat of
arrest. If that be so, it is well open to the appellants to invoke the
provisions of law available to them and approach the competent forum
for necessary relief.
7. Thus, we find no ground has been made out to interfere with the
order passed in the writ petition.
8. With the above observations/directions, appeal as well as the
connected application (IA No. CAN 1 of 2024) stand dismissed.
9. No costs.
10. Urgent photostat certified copy of this order, if applied for, be
furnished to the parties expeditiously upon compliance of all legal
formalities."
25. Subsequent to the aforesaid orders passed by the Hon'ble Single Bench and
the Hon'ble Division Bench of this Court, the petitioner no.1 and 2 failed to
place any document of complaint filed by them before the concerned police
authorities claiming threat to their personal life and property and of any
action restricting their liberty to pursue their profession with dignity.
26. The Learned Advocate representing the respondent no.1 and 2 submitted the
opinion of the Union of India specifically the Ministry of Home Affairs to be
the appropriate authority to provide safety and security to an individual
considering the threat perception after thorough assessment of the facts and
circumstances of a distinct case. It was further urged neither the police
authorities concerned nor this Court can assess whether the petitioners
required to be provided safety and security on the basis of personal claim of
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a threat perception since it was within the absolute domain of the Ministry of
Home Affairs to ascertain and decide the seriousness and gravity of the
situation to provide safety and security to any individual.
27. The Learned Advocate representing the State-respondents submitted despite
the order of the Co-Ordinate Bench of this Court, the petitioners did not co-
operate with the investigation and suspected the investigating agency of
biasedness, arbitrariness and to wreck vengeance against the petitioners for
having dealt with a Public Interest Litigation against the State authorities
concerning an incident at Sandeshkhali. The petitioners were of the opinion
to be prejudicially prevented and impartial hearing and failed a transfer
petition before the Hon'ble Supreme Court of India being Transfer Petitions
Criminal Nos.701/702 of 2024 which was dismissed as the Hon'ble Supreme
Court observed no case for transfer to have been made out vide its order
dated September 2, 2024.
28. The petitioners had also filed writ petition criminal No.236 of 2024 before the
Supreme Court of India which was withdrawn by the petitioners. The
petitioners had accused the police personnels and other officials and had
impleaded them in the instant writ petition without plausible reasons and
did not deliberately co-operate with the investigation citing their
dissatisfaction as the same had been conducted by the CID, West Bengal
further stating to the Investigating Officer that the investigation should be
conducted by the CBI.
29. The Learned Advocate representing the State further submitted it would not
be possible for the Writ Court to quash the proceedings since the complaint
20
as well as the FIR delineated commission of cognizable offences and the
charge-sheet had been submitted with further prayer on the part of the
Investigating Officer to file a supplementary charge-sheet. The Writ Court in
case of the offences being cognizable and the conundrum between the
parties should be decided through trial by the competent court. The Writ
Court should not exercise its jurisdiction to quash the proceedings.
30. The Learned Advocate representing the respondent no.13 submitted the
petitioners to have instituted false and malicious complaints against the
respondent no.13 with an intention to incriminate him in serious offences of
rape, theft etc. The father of the respondent no.13 being a nonagenarian
person had been dragged mercilessly into humiliation, despair, agony and
trauma. The petitioners on being asked to be relieved of their professional
responsibility to represent the respondent no.13 and to withdraw the cases
on account of reconciliation between the respondent no.13 and his wife
infuriated the petitioners to lodge frivolous and baseless complaints against
the respondent no.13 whereby the same being a professional oncologist
practising in Bangladesh had been arrested and was released on bail. It was
further submitted the respondent no.13 to have been kidnapped by the
petitioners, physically assaulted and captivated.
31. The Learned Advocate representing the respondent no.13 submitted that the
petitioner no.1 had instituted complaint cases against her and the same had
not been taken cognizance of by the CMM vide order dated 13.07.2023
passed in CS/71375/2023.
21
32. The Learned Advocate representing the respondent no.13 further submitted
to have been repeatedly threatened and abused by the petitioners on the
corridor of this Court along with her junior who happened to be a practising
advocate in this Court. Against complaints registered as FIR, criminal
revisional applications have been pending before the respective Co-Ordinate
Bench of this Court.
33. The petitioners were trying to frustrate the proceedings by delaying the
hearing of the same on several pretexts to the predicament of the respondent
no.13. Moreover, since the investigation had proceeded to a considerable
extent, the writ petition should not be entertained.
34. The relationship between the petitioners and the respondent no.13
apparently had been cordial at the inception whereby the petitioners
accorded legal assistance to respondent no.13 to defend him in several cases
instituted against him in the Court of law, which gradually might have
evolved to be trustworthy and amicable to the extent the petitioners
accompanied the respondent no.13 to his parents' house at Tamil Nadu to
assist the respondent no.13 and his father in property related issues and its
assessment thereof. In course of time, the professional and congenial
relationship seemingly transformed into resentment and hostility.
35. The petitioner no.1 subsequently on 28.04.2023 was asked to withdraw the
following cases pending before the respective Courts as stated below:-
"(i) Divorce Case 1647 of 2022 pending at 13 th ADJ, Alipore
(ii) Objection in Restitution Case 1535 of 2022 pending at 6 th ADJ,
Alipore
22
(iii) All my objection petitions and non maintainability petitions filed by
me in Maintenance Case 613 of 2021 pending at 6 th JM, Alipore
(iv) Non-maintainability petition in DV Case 561 of 2023 pending at 6 th
JM, Alipore"
36. Respondent no.13 asked the petitioner no.1 through a communication dated
03.05.2023 for relieving her to take any further steps in the following legal
matters pending before the various Courts alleging the petitioner no.1 and 2,
inter alia, to have failed to maintain their professional ethics and discipline
as mentioned therein:-
"(i) 613/2021 - 6th JM, Alipore
(ii) 1535/2022 - 6th ADJ, Alipore
(iii) 1647/2022 - 13th ADJ, Alipore
(iv) 561/2023 - 6th JM, Alipore
(v) 38867/2023 - 14th Metropolitan Magistrate, Bankshall Court"
37. The relationship between the disputants worsened with lapse of time and the
petitioner filed complaints against the respondent no.13 and his associates.
38. Based on the complaint filed by the petitioner herein Chatterjeehat Police
Station Case No.23 of 2024 dated 05.02.2024 under Sections
341/323/325/326B/354A/354B/509/506/34 of the Indian Penal Code
anticipatory bail was granted in favour of the accused therein vide order
dated 13.03.2024 passed by this Court in CRM(A) 880 of 2024.
39. Based on the complaint of the petitioner herein Chatterjeehat Police Station
Case No.78 of 2023 dated 04.05.2023 under Sections
420/406/448/341/323/307/379/354B/376/506(2)/34 of the Indian Penal
Code had been instituted against the accused persons mentioned therein.
23
40. The Learned Advocate representing the respondent no.13 submitted the
complaint filed by the respondent no.13 dated 28 th April, 2024 accused the
petitioners of abduction, extortion, physical assault, threat to murder,
defamation, confiscation of passport, ATM card and other official documents
perjury, forgery implicating in false and fabricated criminal cases to extort
money.
41. Records further reveal an FIR to have been instituted by the Sathuvachari
Police Station, Vellore, on the basis of the complaint received from one Dr.
Debidas Rai who alleged that his son was missing referring to the present
petitioners to have visited his house claiming for further money to defend his
sons petitioners' case.
42. The respondent no.13 who had been an accused in Chatterjeehat Police
Station Case No.78 of 2023 filed under Sections
420/406/448/341/323/379/354B/307/376/506/34 of the Indian Penal
Code was granted bail vide order dated 03.08.2023 passed by this Court in
CRM (DB) 3080 of 2023.
43. The Learned Public Prosecutor had submitted the status report prepared by
the concerned Investigating Officer:-
"1. Case No. and date of registration: Chatterjeehat (Howrah Police
Commissionerate) PS Case No 78/2023 dt 04/05/2023
2. Sections of law: U/S 420/ 406/ 448/ 341/ 323/ 379/ 354B/
307/376/506/34 IPC.
3. Control order No. & Date: The case was assumed by CID W.B.
Vide Org No 618/CS. Dt. 06/08/24.
24
4. Name and rank of investigating officer: (i) SI Sudipta Kar of
Chatterjeehat (Howrah Police Commissionerate) PS (ii) Inspector
Swapna Ghosh O/C, POWC Cell, CID, WB.
5. Gist of FIR: On 04/05/2023 at 17.25 hrs to the Officer In-Charge of
Chatterjeehat PS received a written complaint from the complainant
and perused the complaint properly. On the basis of a written
complaint of the Victim Lady against one Deepak Shankar Ray and
others to the effect that she was appointed as an advocate by the
alleged person since month of December, 2021. The accused person
was very reluctant to pay her professional fees as per norms of several
Vakalatnamas executed by him in several cases. Till date the
complainant owes Rs 1000000/- to the alleged person as her
professional fees. But in spite of several reminders, he refused to pay
her the same and threatened her with dire consequences. Thereafter
on 29.04.2023 at around 20.30 hrs the alleged person came at the
chamber of the complainant situated at 93 Abinash Banerjee Lane, PS-
Chatterjeehat, Howrah and forcefully entered in to the chamber and
committed theft in respect of some cash and mobile phone, then on
being protest the alleged person outrage her female modesty and also
trying to kill her by grabbing her throat. Then while the complainant
felt down on the floor, the alleged person kicked in her lower private
part and also forcibly inserted one of his left-hand finger at her lower
private part. Over the complaint of the complainant Chatterjeehat PS
Case No. 78/23 dated 04.05.2023 u/s 420/406/448/341/323/379
3548/307/376/506/34 IPC has been started.
6. Details of FIR named accused: (i) Deepak Shankar Ray(53yrs),
S/O Debidas Ray of S-3, 2nd street, Sathuvachari, CMC Colony, Vellore,
Tamil
Nadu- 632009 and Flat No - 303, Sailagreen, 1137 Kalikapur,
Purbalok, PS Purba Jadavpur, Kolkatta- 700099 (ii) Kanad Saha- S/O
Lt Kunal Saha of Block - D2, Flat No - 402, Kendriya Vihar, Phase - II,
PO- Birati, Dist North 24 Prgns, Kolkata - 700051. (iii) Debidas Ray
25
s/o of Lt. Nagendranath Ray of S-3, 2nd street, Sathuvachari, CMC
Colony, Vellore, Tamil Nadu- 632009.
7. Details of arrest: (i) Deepak Shankar Ray(53yrs), s/o Debidas Ray
of S-3, 2nd street, Sathuvachari, CMC Colony, Vellore, Tamil Nadu-
632009 and Flat No - 303, Sailagreen, 1137 Kalikapur, Purbalok, PS
Purba Jadavpur, Kolkatta- 700099, was arrested on 11.07.2023 and
forwarded before Ld. CJM, Howrah Sadar Court on 12.07.2023. (ii)
Kanad Saha - S/O Lt Kunal Saha of Block - D2, Flat No - 402,
Kendriya Vihar, Phase - II, PO- Birati, Dist North 24 Prgns, Kolkata -
700051 was released on bail by Hon'ble High Court Calcutta on
21.08.2023 and Ld. CJM, Howrah Sadar Court on 25.09.23. (iii)
Debidas Ray s/o of Lt. Nagendranath Ray of S-3, 2nd street,
Sathuvachari, CMC Colony, Vellore, Tamil Nadu- 632009 was granted
anticipatory Bail by Hon'ble High Court Calcutta on 25.09.2023.
8. Steps Taken During Investigation by the District Police:
During investigation of the case I Sudipta Kar of Chatterjeehat PS
visited the place of Occurrence and prepared a details index of the PO
and prepared a rough sketch map. The IO examined the complainant
and others available witnesses and recorded their statement U/S 161
Cr.P.C. Medico legal examination of Victim Lady was performed by the
Dr. Debhina Ghosal of Howrah District Hospital. He also arranged to
record the Judicial Statement of the victim lady with the help of LSI
Nitu Biswas of Howrah Women PS and produced the victim lady before
the Ld Judicial Magistrate, 1st Class, 4th Court, Howrah, recorded her
statement judicially U/S 164 Cr.P.C and also collected the copy of
judicial statement from Ld Court, Howrah District.
Previous IO collected the medico legal report along with one sealed
envelope containing one glass tube & one glass slide containing the
swab/ spermatozoa from Howrah District Hospital. IO sent prayer to
ACP DD, HPC for providing the CDR of the accused person's mobile
number which was provided by the VG to trace them out and also
prayed for IMEI searching of the complainant's mobile phone which
26
was taken away by the accused from the PO. In course of
investigation, IO seized the wearing apparels of the victim lady which
were worn by her at the time of incident and also seized the bill of the
alleged mobile which was taken away by the accused and one
prescription of Dr Souvik Roy who examined the victim lady after the
incident. In course of investigation, IO held several raids under Purba
Jadavpur PS area & Naihati PS area to arrest the accused persons but
no fruitful result achieved. Then IO collected the Passport details and
prayed to the concerned authority after following all legal procedures
for issuing Look Out Circular' against the principal accused namely
Deepak Shankar Ray on 01.07.2023 LOC was initiated by the
concerned authority against the accused person. On 11.07.2023
received information that in the immigration Centre of Haridaspur
under Petrapole PS, North 24 Pgs, said accused person was detained
as LOC subject. IO along with force went to Haridaspur Immigration
Centre and with the assistance of Petrapole PS police team, arrested
the FIR named principle accused person namely Deepak Shankar Ray
and brought him to PS and forwarded him before Ld. Court and took
him into Police Custody for 02 days as per kind order of Ld. CJM,
Howrah. During PC period after obtaining necessary orders from Ld.
Court, IO produced the arrested accused person before the
Superintendent of Howrah District Hospital for his medico legal
examination. Dr. Chitta Ranjan Bhattacharya of Howrah District
Hospital, has done the medico legal examination of the accused
Deepak Shankar Ray and collected one sealed envelope containing one
glass tube & one glass slide containing Urethral Swab/smears of said
accused person. IO along with force and PC accused held raid to
recover the alleged stolen articles and to arrest the other co accused
persons, but no fruitful result was achieved. On 19.07.2023 IO sent the
exhibits before Ld. C.JM. Howrah Sadar Court and collected CMR No.
vide CMR No. 427/2023 dated 19.07.2023. On 31.08.2023 IO sent the
exhibits to FSL Kolkata for examination and Expert Opinion. IO further
27
contacted with the FSL authority over phone regarding the expert
opinion but informed that the expert opinion is not ready yet. IO
submitted Charge Sheet vide Chatterjehat PS C.S. No- 191/23 dated-
31/10/2023 u/s 420/406/448/341/323/379/354B /307/376/506
IPC against the Principal accused person namely Deepak Shankar Ray,
53 yrs s/o Debidas Ray and u/s 509/506/34 IPC against the other 2
FIR named accused persons namely (1) Kanad Saha - S/O Lt Kunal
Saha (2) Debidas Ray s/o of Lt. Nagendranath Ray and IO also
submitted prayer before the Ld. Court for allowing to submit
Supplementary Charge Sheet after receiving the FSL report.
9. Steps Taken During Investigation by CID W.B:
The investigation of the said case was taken up by CID W.B. as per
order of Hon'ble High Court, Calcutta vide order CRR 1023 of
2024, dt 08.04.2024 in compliance of the Order passed by Hon'ble
High Court is "Quote" "Mr. Debasish Roy, learned Public Prosecutor
appearing for the State submits that State would take up all the
investigations for being investigated by the CID, West Bengal.
However, it is the prerogative of the State at this stage as the de facto
complainant has expressed her apprehension as she has complained
to different dignitaries in respect of this Court.
Targeting the Courts are a soft option as has been settled in several
judgments of the Hon'ble Supreme Court and Article 219 of the
Constitution of India states that court of law is supposed to act without
any fear or favour. A professional having claimed herself to be a victim
of sexual assault has raised issues not only in respect of this Court but
also in respect of four other senior Judges of this Court. There cannot
be any issue regarding the Court to proceed with the present case as
the only issue which was expressed is that all the cases of
Chatterjeehat Police Station in between the self same parties are to be
transmitted to the CID or any Women Grievance Cell connected with
the CID so that under the same umbrella investigation and in respect of
different cases could be conducted.
28
However, having regard to the attitude and approach of the de facto
complainant and for preserving the sobriety of the judicial system, I
intend to leave the matter to the Hon'ble Chief Justice of this Court for
deciding the issue.
Let the matter go out of the list and be placed before the Hon'ble Chief
Justice for assignment.
All parties shall act on the server copy of this order duly downloaded
from the official website of this Court.
In respect of the said order CID WB has assumed investigation of the
case vide Org No 618/CS. Dt. 06/08/24. I Inspector Swapna Ghosh,
OC, POWC Cell was detailed as the Investigating officer.
During investigation, I submitted a prayer and collected the Case
Docket from learned CJM, Court, Howrah on 7/05/2024. I perused the
case diary and learnt that the previous I/0 had submitted charge sheet
with provision for submitting Supplementary Charge sheet on receipt of
the FSL report. I submitted a prayer to FSL Kolkata vide memo no-
79/POWC/CID WB on 14/05/2024 to hand over the FSL report and
exhibits to me for the interest of investigation.
On 22/05/2024 I received the exhibits and report from FSL Kolkata
vide report no- BIO/5783/2023/3606/FSL dated 22/05/2024 and the
opinion of the examination is "Quote" "No semen (no spermatozoon), no
Gonococcus could be detected on the contents of the items marked A
(vaginal swab & vaginal smears) and B (urethral swab & smears).
"Unquote.
Hon'ble High Court Calcutta vide order dated 08.04.2024 in CRR 1023
OF 2024 had directed that all FIR's lodged against the complainants
and accused persons at Chatterjeehat Police Station be investigated by
CID, WB.
O/C Chatterjeehat Police Station informed that along with the current
case, there are 2 (two) more cases that have been lodged against both
complainant and accused i.e Chatterjeehat PS case no- 23/2024
dated-05/02/2024 u/S 341/ 323/ 325/ 326B/ 354A/ 354B/ 354/
29
509/ 506/34 IPC against (i) Dr. Deepak Shankar Roy s/o Dr. Debidas
Roy (ii) Kanad Saha s/o Late Kunal Saha and (2) Chatterjeehat PS
case no 86/2024 dated- 04/05/2024 u/s 341/363/468/420/506 IPC
against Sanjukta Samanta w/o Romit Dutta.
I had sent message to the complainant through Chatterjeehat PS for
meeting her in c/w the investigation of the case, this refers to org no
70/ POWC/CID WB dated 20/05/2024 and org no 73/ POWC/CID
WB dated 25/05/2024 • However no response was received her till
date. I also contacted with her over telephone and she told me that she
don't want to meet investigation by CID, as rather she want CBI
investigation.
The complainant on 20/05/2024 had filed a WP (S) (Criminal) No (S)
236/2024 before the Hon'ble Supreme Court of India. But later the
complainant withdrew her petition, this refers to Order dated
03/06/2024 in WP (CL).
Later, I came to learn from Hon'ble High Court vide Order dated
1/07/2024 in c/w WPA Number 15260 of 2024 that "Quote" Let the
case diary with the progress report of Chatterjeehat PS case no
78/2023 be produced before this Court as because the petitioners
apprehend arrest in c/w Chatterjeehat PS case no 86/2024.
For the ends of justice the police is restrained from taking any coercive
steps against the petitioner till 12th July, 2024 or until further order,
which is earlier. "Unquote".
Later, I came to learn from Hon'ble High Court vide Order dated
30/07/2024 in c/w WPA Number 15260 of 2024 that "Quote"
Petitioner No. 1 appears in-person and prays for release of the matter.
Let this matter be released and placed before the Hon'ble the Chief
Justice for appropriate assignment. "Unquote".
In course of investigation, it is necessary to examine the complainant
for which I have communicated with her over the telecommunication of
CID West Bengal vide org no-144/ POWC dated 25/11/24.
Reason for pending of investigation
30
Investigation is almost complete and will end in submission of
supplementary charge sheet.
The Investigation is pending as the complainant is not cooperating with
the investigation. During investigation several messages were sent to
the complainant but she did not respond. As per latest status dated
25/11/24 message was sent to the petitioner whose response was
recived by me vide Chatterjeehat PS org no - CHT/9033/24 which was
serviced dated 27/11/2024. Chatterjeehat PS. Received the following
response in writing against the above petition from the complainant
Quote "strongly objected to matter pending for challenging the
false FIR filed & counter case to harass me". Unquote.
This is submitted for your kind perusal."
44. In compliance with the order dated 18.11.2024 of this Court, the report of
the Learned Public Prosecutor stated as follows:-
"The petitioner has initiated multiple proceedings before this Hon'ble
Court, asserting various grievances. Her claims are diverse, yet a
recurring theme is her assertion that the investigating agency has
failed to conduct its investigation impartially, thereby causing her
significant injustice. She has gone further to allege that the opposing
party is being supported by state machinery. According to her, the
advocates representing the state, acting in collusion, have sought to
suppress her voice and prevent her from receiving a fair hearing.
The petitioner's conduct has been noted on numerous occasions, and
there have been several instances where her matters have been
released by the Hon'ble Justices of this Court. In WPA 23711/2023, by
an order dated October 3, 2023, Hon'ble Justice Jay Sengupta
observed the petitioner's belligerent demeanor and subsequently
released the matter. Similarly, in CRR 1023/2024, by an order dated
April 8, 2024, Hon'ble Justice Tirthankar Ghosh reflected upon the
petitioner's attitude, noting her conduct as targeting the sanctity of the
judicial system, and consequently released the matter. This matter
31
was earlier released by Hon'ble Justice Tirthankar Ghosh on April 4,
2024.
In WPA 15260 of 2024, the petitioner herself sought the release of
the matter before Hon'ble Justice Rajarshi Bharadwaj, as indicated in
the order dated July 30, 2024. Subsequently, by an order dated
August 5, 2024, Hon'ble Justice Amrita Sinha released the same
matter, attributing the decision to the petitioner's unruly behaviour
during the proceedings. The petitioner has also alleged that during the
hearing of the Sandeshkhali matter, WPA(P) 78/2024, she was
subjected to abuse and threats by state advocates, which she claims
were motivated by her political affiliations.
It is pertinent to mention herein that the aforesaid allegations have
found place in the Special Leave Petition filed by the Writ Petitioner
herein before the Hon'ble Supreme Court of India vide Writ Petition
(Criminal) No 236/2024.
The petitioner has consistently expressed distrust in the police
officials involved in the investigations of her matters. She alleges that
these officials are influenced and biased, undermining her confidence
in the fairness of the ongoing investigations.
Under such circumstances, I was constrained to direct the CID to
take up the investigation of the cases filed by the instant writ petitioner
as well as the case filed against her to ensure neutral investigation
devoid of any blemish, as alleged by her.
The petitioner's allegations, demeanor, and conduct across various
proceedings have drawn attention and have been noted by various
benches this Hon'ble Court. These observations reflect a pattern of
dissatisfaction on the part of the petitioner with the judicial and
investigative processes, alongside allegations of undue influence and
partiality.
It is however, necessary to bring to the notice of this Hon'ble Court
that the Writ petitioner has consistently refrained from co operating
with the CID to get her statement recorded or for any other purpose, as
32
required by the Investigating Agency thus rendering them incapable of
continuation and/or completion of the investigation of the cases
instituted by the instant writ petitioner.
This report has been prepared in pursuance to paragraph no. 5 of
the order dated November 18, 2024 passed by Her Ladyship Hon'ble
Justice Ananya Bandyopadhyay."
45. The petitioner no.1 appearing before the Court submitted her plight, agony
and helplessness being subjected to physical molestation, outrage of
modesty, theft of mobile and cash sum of Rs.65,000/- on the part of
respondent no.13 and his associates and non-payment of professional fees.
The petitioner no.1 submitted her associates. The petitioner no.1 submitted
her lawyer's chamber to have been impaired and damaged by the respondent
no.13 and his associates with continuous threat to both the petitioners and
their family members disrupting mental peace causing physical trauma and
being indignified with insinuations and ignominies. Both the petitioners
could not repose faith and trust on the investigating agencies whose actions
had been suspiciously frustrating to deliberately deprive the petitioners of
fair justice.
46. The respondent no.13 filed a complaint dated 28 th April, 2024 accusing the
petitioners of abduction, extortion, physical assault, threat to murder,
defamation, confiscation of passport, ATM card and other official documents,
perjury, forgery implicating in false and fabricated criminal cases to extort
money etc. which had been serious allegations.
47. The serious allegations by the petitioners the counter allegations resulting in
the institution of the aforementioned criminal cases being registered through
formal FIRs had been challenged through filing of Criminal Revisional
33
Applications pending before the co-ordinate bench of this Court for quashing
of the proceedings/FIRs being Nos. Chatterjeehat Police Station Case No.86
of 2024 and No.78 of 2023.
48. The allegations of the petitioner no.1 are indubitably grave and deprecated in
nature which can only be tested in terms of its veracity through trial to
inculpate the perpetrator. Contrarily the allegations of the respondent no.13
whether to have been genuine or a counterblast to the allegations of the
petitioners cannot be decided unless the investigation of the respective cases
are concluded and the process of trial being conducted by the court of
competent jurisdiction to arrive at a conclusive determination for
incrimination or exculpation.
49. A web-search on the query as to who decides to provide security to private
individual in India and on what ground, the following answer has been
received by this Court:-
"The Ministry of Home Affairs (MHA), on the recommendation of
intelligence agencies, decides to provide security to private individuals
in India, based on perceived threats to life or injury from groups or
terrorists. While government officials typically receive security based
on their position, a call on security for private citizens is made by the
MHA using information from bodies like the Intelligence Bureau (IB)
and Research and Analysis Wing (R&AW). The Central Reserve Police
Force (CRPF) and other forces then provide this security.
The Process
1) Intelligence Gathering: Intelligence Agencies like the IB and R&AW
monitor potential threats and gather information from various
34
sources, including phone intercepts, human intelligence, and
threat analysis.
2) Threat Assessment: These agencies provide a subjective
assessment of the threat to an individual's life or safety from
potential attackers like terrorists or other groups.
3) Decision by the MHA: The Ministry of Home Affairs (MHA) reviews
the intelligence inputs and decides whether a private individual
requires security cover.
4) Deployment of Forces: If security is granted, a central agency,
often the Central Reserve Police Force (CRPF), is tasked with
providing the security.
50. The petitioners herein despite the order of the Hon'ble Single Bench of this
Court in WPA 23711 of 2023 and the Hon'ble Division Bench in MAT 831 of
2024 presiding over by the Hon'ble Chief Justice, High Court at Calcutta,
having directed to file complaints at the concerned police station for being
threatened as claimed by the petitioners reiterated by this Court during
consecutive hearings failed to provide the copy of the complaint or the G.D.
Entry number concerning such complaints claimed to have been lodged by
the petitioners.
51. Considering the role of the Ministry of Home Affairs and the submissions of
the Learned Advocate representing the respondent no.1 and 2 Union of
India, the prayer of the petitioner for providing personal security on the
ground of their perception cannot be allowed. The petitioners could not
establish a case serious and strong enough to be granted protection as
sought for which otherwise had to be decided by the Ministry of Home Affairs
on the basis of imminent and persistent threat. The petitioners could not
justify inaction on the part of the police administration or the investigating
35
agency, however, claimed the same to be biased and revengetic in its attitude
towards the petitioners primarily petitioner no.1 for her active role against
the State administration defending injustice to women's rights concerning an
unfortunate event at Sandeshkhali through a Public Interest Litigation.
52. The status report of the Learned Public Prosecutor as aforesaid explaining
the course of investigation did not endorse police inaction.
53. Vide Order dated 08.07.2024, the Co-Ordinate Bench of this Court in WPA
15260 of 2024 observed as follows:-
"As per the request of the petitioners, the live streaming has been
paused.
Learned advocate representing the State respondents submits, upon
instruction that, the petitioners are not cooperating with the police in
the process of investigation.
From the documents handed over by the learned advocate
representing the State respondents it appears that, after protection
was granted to the petitioners vide the order passed by this Court on
1st July, 2024, no notice was served upon the petitioners directing their
appearance for investigation.
The respondents are directed to proceed with the investigation but
not take any coercive steps against the petitioners without the leave of
the Court.
The petitioners and all other parties are directed to cooperate with
the police for the sake of investigation.
List on 12th August, 2024.
Liberty to mention.
Report dated 08.07.2024 be kept with the records."
54. The petitioners despite an order passed by the Co-Ordinate Bench of this
Court to co-operate in the investigation refrained from participating in the
investigation as claimed by the Learned Advocate representing the State
36
respondents suspecting the Investigating Officers and accusing them of
arbitrary, biasedness being capricious and revengeful. The Co-Ordinate
Bench of this Court directed the investigating agency not to take any
coercive steps against the petitioners. Despite such an order, the petitioners
denied to co-operate with the investigating agency as had been stated in the
report filed by the Learned Public Prosecutor as aforesaid.
55. The Learned Public Prosecutor on an explanation sought by this Court for
transferring the case of investigation to the CID, West Bengal anxiously
stated for the purpose of an impartial and unbiased investigation, the same
had been entrusted to the CID, West Bengal conforming to the police
regulations stated as follows:-
"II.- Control and assistance in enquiries and investigations.
....
618. Method of assuming control.
(a) The Deputy Inspector-General, Criminal Investigation. Department, may assume control 0f an enquiry or investigation at any stage. On assuming control he shall inform the Deputy Inspector-General of the Range forthwith, sending a copy 0f his intimation direct to the Superintendent Or Superintendents concerned.
(b) In excise cases in which the investigation must extend to more than one district, or in which there are intricacies which cannot be dealt with without the aid of a specially skilled detective, the services of an officer of the Criminal Investigation Department, shall be requisitioned by the Commissioner of Excise. In emergencies such requisition may also be made by an officer of lower rank. The Deputy Inspector-General, Criminal Investigation Department, shall, if he thinks fit and if he has an officer available, depute one and also decide whether the officer deputed shall be placed at the disposal of the Commissioner of Excise 37 or whether the control of the enquiry shall be taken over by the Criminal Investigation Department."
56. It was further submitted several Judges of this Hon'ble High Court had been accused along with the police officers and the Learned Public Prosecutor himself which compelled him to transfer the responsibilities of conducting investigation on the CID, State of West Bengal without any other alternative or option being third party to conduct the investigation independently without the involvement of the police officers of the concerned police station against whose conduct several objections had been raised by the petitioners.
57. The status report filed by the Learned Public Prosecutor as aforesaid did not reveal police inaction to the detriment of the petitioners' interest. The petitioners had filed a transfer petition before the Hon'ble Supreme Court of India being Transfer Petitions Criminal No.701/702 of 2024 being Sanjukta Samanta vs. the State of West Bengal and Ors. etc. whereby the petitioners appeared in person. The Hon'ble Supreme Court vide order dated 02.09.2024 observed: "No case for transfer is made out. The transfer petitions are dismissed."
58. The petitioners, therefore, cannot refuse to participate in the investigation violating the order passed by the Co-Ordinate Bench of this Court on 08.07.2024 in WPA 15260 of 2024. Both the parties have filed criminal revisional applications before the Co-Ordinate Bench of this Court, the criminal revisional applications being CRR 1023 of 2024 and CRR 3203 of 2023. The petitioners as well as the respondent no.13 have availed the jurisdiction to redress their grievances in an alternative form under Section 482 of the Code of Criminal Procedure. The petitioner no.1 being a 38 complainant in connection with Chatterjeehat Police Station Case No.78 of 2023 filed under Sections 420/406/448/341/323/379/354B/307/376/506/34 sought for stay of the investigation in the said case further seeking the investigation to be conducted by the State respondent no.4 whose actions had been challenged by the petitioners to be against her interest intending to deprive her of fair trial and natural justice.
59. In the case of State of Haryana and Others Vs. Bhajanlal and Others 1, the Hon'ble Supreme Court observed as follows:-
"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 1 1992 Supp (1) Supreme Court Cases 335 39 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
60. Since the contents of the FIR as well as the charge-sheet claimed to have been filed by the investigating agency as per the report filed by the Learned Public Prosecutor in Case No.78 of 2023 and the complaint as well as the FIR in Case No.86 of 2024 to have revealed allegations of cognizable offences in both the aforesaid cases, this Court is not inclined to stay the further proceedings in the aforesaid cases.
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61. The petitioners being young, responsible and bright advocates practising in this Hon'ble Court as well as in the Supreme Court, out of shock and displeasure probably by the turn of events cannot trust the investigating agencies at the moment perhaps due to mental agony. One has to confide in the prevailing justice delivery system to attain a finality to a dispute which definitely can be assailed at a Higher Forum statutorily. The petitioners did not appear before this Court on the dates fixed for hearing as reflected in the order-sheets of the instant writ petition and the case was reserved for judgment on 17.02.2025. Subsequently the petitioners filed several CAN applications in the Court and directly addressed the same in the name of the presiding judge of this Court as would be evident from the postal envelopes on record. Considering the context of the CAN applications, this Court thought it prudent to grant a further opportunity to the petitioners to address this Court for a final hearing and recalled the order dated 17.02.2025 on 16.05.2025, fixing the next date of hearing on 11.07.2025. The petitioner no.2 appeared online only to contradict the court proceedings without submissions on merits. Finally on 11.07.2025 the instant writ petition was reserved for pronouncing judgment.
62. The contention of the petitioner no.1 to have been a victim of rape and her name and presence to be masked is contrary to the cause title of the instant writ petition where the name of the petitioner no.1 had been mentioned by herself conspicuously claiming the relief sought for revealing her identity for quashing of the aforesaid Chatterjeehat Police Station Case No.86 of 2024 dated 04.05.2024 under Sections 341/365/468/420/506/34 of the Indian 41 Penal Code. The petitioner no.1 appeared before the Hon'ble Supreme Court in person to move the Transfer Petition as aforesaid without seeking her presence to be masked as the same would not transpire from the order of the Hon'ble Supreme Court. The petitioners did not appear before the Court on the dates fixed for hearing and subsequently could not blame this Court for not granting them an opportunity of hearing. This Court did hear the submissions of the petitioners on earlier dates and recorded the same in the order-sheets as well as in the instant judgment.
63. Moreover, the petitioners as well as the respondent no.13 have already sought for relief of quashing the proceedings of the criminal cases instituted against each other under Section 482 of the Code of Criminal Procedure as stated above before the Co-Ordinate Benches of this Court. The allegations and counter-allegations in the complaints do not reveal the same to be prima facie frivolous which are in the facts and circumstances of the case serious in nature with grave implications and ramifications.
64. The Writ Court can quash the criminal proceedings if the same has been frivolously instituted, however, in the instant case, the gamut of allegations and counter-allegations are complex in terms of severity necessitating to unravel the authenticity and credibility of the same which in the facts and circumstances of the instant writ petition shall be subjected to the process of trial by the competent Court.
65. In view of the above discussions, the instant writ petition being WPA No.15260 of 2024 along with its connected CAN applications stand dismissed.
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66. There is no order as to costs.
67. Photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all formalities.
(Ananya Bandyopadhyay, J.)