Calcutta High Court (Appellete Side)
Ali Hossain Mollah @ Kalo And Anr vs State Of West Bengal on 19 June, 2017
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
No. 89 06.2017 SKB) C.R.A. 119 of 2005 Ali Hossain Mollah @ Kalo and Anr.
Versus State of West Bengal Mr. Manjit Singh, Mr. Anand Keshari, Mr. Sekhar Mukherjee ... for the appellant no.1.
Mr. Kamalesh Chandra Saha, Md. Kalam ... for appellant no.2.
Mr. Saibal bapuli, Mr. Bitasok banerjee ... for the State.
Report filed by the Officer-in-Charge, Metiabruz Police Station, Kokata, in Court today be kept in records.
Officer-in-Charge, Metiabruz Police Station by his report dated 19th June, 2017 has pointed out that date and time of occurrence of Metiabruz PS Case No. 14 dated 09.01.91 under Section 302 IPC and Metiabruz PS Case No. 15 dated 09.01.91 under Section 143/304 IPC were on 09.01.91 at about 20:30 hrs and 09.01.91 in between 20:30 hrs to 21:00 hrs respectively. After investigation into Metiabruz PS Case No. 15 dated 09.01.91 under Section 143/304 IPC, the case was declared as FRT and final report was submitted before the Ld. Court vide FRT No. 108 dated 31.07.91 and final report was accepted by the Ld. S.D.J.M. Court on 17.06.92. No information regarding seizure in connection with Metiabruz PS Case No. 15 dated 09.01.91 under Section 143/304 IPC could be found from the available PS records. It is further recorded that from enquiry it could be learnt that during investigation persons namely (1) Akbar Khan, (2) Muktar Ahmed Khan, (3) Aktar Ali, (4) Muktar Ahmed, (5) Sk. Babai, (6) Junif 2 C.R.A. 119 of 2005 Ahmed were arrested though they were not FIR named accused persons and after submission of the Final Report the above mentioned persons were discharged from the case. But neither the original case diary nor the court records in connection with Metiabruz PS Case No.15 dated 09.01.91 under Section 143/304 IPC could be traced out as yet at the GR Section lying with the court of learned S.D.J.M., Alipore in spite of sincere attempts.
Learned Counsel for the State prays for two weeks accommodation to trace out the case diary in connection with P.S. Case No. 15 dated 09.01.91 under Section 143/304 IPC so as to understand as to what compel the investigation to submit the FRT and the aforesaid five accused persons who were initially arrested in connection with the said case.
Learned Counsel for the appellant no.1 has pointed out that since the Metiabruz Police Station initially had been with the domain of Bengal Police and in the year 2011 Kolkata Police has taken over the charge of the said police station, the concerned case diary may be with the Bengal Police.
In the context above, two weeks accommodation is granted to the learned Counsel for the State to trace out the case diary so that the Court can proceed with the appeal on the next date of hearing. No further time will be granted on the next date.
Let this matter appear under the same heading on 4th July, 2017.
(Rakesh Tiwari, J.) (Shivakant Prasad, J.)