Calcutta High Court (Appellete Side)
Arun Gorain vs The Chief Election Commissioner & Ors on 25 August, 2025
Author: Amrita Sinha
Bench: Amrita Sinha
S/L 19-20
25.08.2025
Court No.14
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 12012 of 2025
With
CRM(A) 2462 of 2025
Arun Gorain
Vs.
The Chief Election Commissioner & Ors.
Mr. Billwadal Bhattacharya, Sr. Adv.
Mr. Suryaneel Das
Ms. Tanusree Kar
Mr. Tamoghna Pramanick
... for the Petitioner
[in WPA 12012 of 2025].
Mr. Sourav Chatterjee, Sr. Adv.
Mr. Soumya Nag
Mr. Tanusree Kar
Mr. Mayukh Majumder
Mr. Tamoghna Pramanick
... for the Petitioner
[in CRM(A) 2462 of 2025].
Ms. Priyanka Sharma Tibriwal
Ms. Sumita Sarkar
... for the Union of India.
Mr. Bibekananda Mondal
Ms. Amita Gour
Mr. Tirthankar Dhali
... for the State.
1. The petitioner was serving as the Assistant
System Manager, Kakdwip Sub Division, South 24
Parganas. FIR was lodged against him under Sections
335/336 BNS and Sections 43/66 of the IT Act and
Section 32 of the Representation of the People Act,
1950. A notice under Section 35(3) BNSS dated June
17, 2025 was issued to the petitioner.
2. After the petitioner approached this Court by
filing writ petition being WPA 12012/2025 and the
instant application seeking anticipatory bail, the
sections of the FIR stood modified and currently
Section 336(3) has been invoked.
2
3. The petitioner claims that he is a whistleblower
and the police is trying to implicate the petitioner in
false criminal cases for not acting in terms of their
dicta.
4. Prayer has been made to restrain the police from
arresting the petitioner in connection with the subject
criminal case.
5. Learned advocate for the State respondents
opposes the prayer for anticipatory bail. It has been submitted that the petitioner is all along evading the notices of the police. The petitioner is not cooperating with the investigation. Huge amount of data are required to be explained by the petitioner for which custodial interrogation is required.
6. Learned advocate for the State refers to the case diary in support of the submission that the petitioner has already admitted his guilt.
7. It appears that a writ petition by the petitioner being WPA 12012/2025 is also pending consideration before this Court. Hearing of the writ petition has been adjourned till September 10, 2025. Report by way of affidavit has been directed to be filed.
8. Learned Senior Counsel representing the petitioner submits that the petitioner will cooperate with the investigation process.
9. As the learned counsel for the State respondent submits that the phone along with the SIM card of the petitioner will be very much required for the purpose of 3 investigation, accordingly, the petitioner is directed to submit his phone along with SIM card that he was using on the day the FIR was registered, before the Officer-in-Charge of the Harwood Point Coastal Police Station by 28th August, 2025.
10. The police is restrained from taking custody of the petitioner till 12th September, 2025.
11. The petitioner is directed to cooperate with the police for the purpose of investigation. The petitioner is also restrained from leaving the State of West Bengal without obtaining the leave of this Court.
12. Let the investigation report be placed before this Court on the adjourned date.
13. Let the matter appear on 10th September, 2025 along with WPA 12012/2025.
14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J.)