Calcutta High Court (Appellete Side)
Pinky Baj vs The State Of West Bengal And Ors on 22 March, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
22.03.2023
Court No.13
Item No.4
AP
WPA 6281 of 2023
Pinky Baj
Vs.
The State of West Bengal and Ors.
Mr. Surya Prasad Chattopadhyay
Mr. Arjun Samanta
Mr. Ankit Chatterjee
... For the petitioner.
Mr. Ashim Kumar Ganguly
Mr. Bellal Shaikh
... For the State.
Mr. Kishore Dutta
Ms. Sumita Shaw
Mr. Soumen Chatterjee
... For the Respondent No.5.
The petitioner is aggrieved by investigation into FIR No.13/23 dated 24th January, 2023 under Sections 376, 354C, 323, 506 of the IPC along with provisions of the SC & ST (Prevention of Atrocities) Act registered by the Techno City Police Station under the Bidhannagar Police Commissionerate.
The petitioner had lodged a complaint on 6th January, 2023 against the accused person and sent the same by post to the Taltala Police Station. Zero FIR was registered on 11th January, 2023. FIR was forwarded to the Commissioner of Police, Bidhannagar Police Commissionerate and subsequently was taken up by the Techno City Police Station on 24th January, 2023.
There is no valid explanation for the delay of 13 days in registration of FIR by Techno City P.S. when 2 admittedly the Taltala Police Station itself had recorded FIR under Sections 376, 354C, 323 of the IPC.
The Commissioner of Police, Bidhannagar Police Commissionerate shall submit a report before this Court after making due enquiries. The conduct of the officials of the Taltala Police Station and the Techno City Police Station in the matter shall be inquired into.
The progress of investigation shall also be reviewed and shall be addressed in the report of the Commissioner of Police, Bidhannagar Police Commissionerate.
The Commissioner of Police, Bidhannagar Police Commissionerate shall also ensure that the objectionable videos and photographs of the petitioner are seized and not made public by the accused or any other person.
Counsel for the private respondent submits that the petitioner went to the residence of the private respondent on 3rd January, 2023 along with four CISF personnel, who were carrying loaded weapons to threaten and intimidate him.
Curiously, this Court notes that the accused persons had filed complaint of theft against the petitioner on 14th January, 2023. The FIR No.07/2023 against the petitioner was registered by the Techno City Police Station on the very same day under Sections 342, 357, 379, 388, 389, 500, 506, 120B, 34 of the IPC. 3
No coercive steps shall be taken against the petitioner in the meantime.
Let this matter stand adjourned and be listed on 29th March, 2023.
Reports of the Officer-in-Charge, Taltala Police Station dated 20th March, 2023 and the Inspector-in- Charge, Techno City Police Station dated 21st March, 2023 are taken on record.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)