Calcutta High Court (Appellete Side)
Rohan Roy vs The State Of West Bengal And Ors on 19 April, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
19.04.2023
Court No.13
Item No.6
AP
WPA 8242 of 2023
Rohan Roy
Vs.
The State of West Bengal and Ors.
Mr. Rohan Roy
... Petitioner (in-person).
Mr. Amitesh Banerjee
Mr. Tarak Karan
... For the State.
Mr. B.K. Bose
... For the Respondent No.8.
1. The petitioner complains of harassment by the Botanical Garden Police Station at the instance of the complainant in connection with FIR being Botanical Garden Police Station Case No.231/22 dated 4th December, 2022 under section 509 of the IPC. The aforesaid complaint was lodged by the respondent No.8 against the petitioner.
2. The petitioner's grievance is that he was responding to a notice under section 41A of the CrPC and he reported to the Botanical Garden Police station on 3rd January, 2023 at about 11 am. He was detained till 10:30 in the night and was arrested. The petitioner was informed at about 10:30 at the night through the Shyampukur Police Station.
3. It is submitted that sections 354 and 419 of the IPC have been added subsequently. 2
4. The petitioner submits that the sections on which the FIR was originally registered are bailable and as to why he was not given bail by the police remains unexplained. He was produced before the magistrate on 4th January, 2023 and was remanded for three days in police custody.
5. The petitioner submits that while he denied access to a lawyer and he found a vakalatmana allegedly signed by him in favour of a lawyer stated to have been engaged by him. The petitioner submits that he was not allowed by the police to contact any lawyer. The question of engaging a lawyer does not and cannot arise.
6. Mr. Banerjee, learned senior counsel for the State submits that investigation has been completed and charge sheet No.8/23 dated 24th January, 2023 has been filed under sections 509, 506, 354 and 419 of the IPC.
7. This Court is inclined to look into the case diary, which shall be produced before this Court on the adjourned date.
8. The investigating officer shall explain as to why bail was not allowed to the petitioner in a FIR originally registered under section 509 of the IPC. 3
9. The ACJM, Howrah shall also forward before this Court the entire case records relating to the aforesaid FIR and charge sheet.
10. The Registrar General of this Court shall communicate a copy of this order to the concerned ACJM, Howrah.
11. The jurisdictional D.C. shall submit a report on the queries raised before this Court.
12. A copy of this order shall be forwarded by the Commissioner of Police, Howrah to the jurisdictional D.C. of AJC Bose Road Botanical Garden Police Station.
13. Let this matter stand adjourned and be listed on 3rd May, 2023.
14. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)