Calcutta High Court (Appellete Side)
(Aparna Mandal vs The State Of West Bengal & on 10 July, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
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10.07.2015 W.P.13993(W) of 2015
(Aparna Mandal vs. The State of West Bengal &
Ors.)
Mr. Subrata Bhattacharya
Mr. Dilip Kr. Saila...............for the petitioner
Mr. Pantu Deb Roy
Mr. Subrata Guha Biswas....for the State
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chattopadhyay
Ms. Snigdha Saha...............for the respondent no.7
The Inspector-in-Charge, Burdwan Police Station is personally present in Court pursuant to the earlier direction. On his behalf, Mr. Deb Roy, learned advocate has filed a report. The report has been perused.
Mr. Chattopadhyay, learned advocate appears for the private respondent who is the accused in the complaint lodged by the petitioner. According to Mr. Chattopadhyay, the private respondent has been suffering from neurological problems and is presently admitted at Medical College & Hospital, Kolkata. It is also submitted by him that the father of the private respondent, upon coming to learn that the petitioner along with other local people had assaulted him, has also lodged a complaint dated May 07, 2015.
It appears from the report of the said inspector that because of admission taken by the private respondent firstly, in a nursing home in Burdwan and thereafter in the Medical College at Kolkata, he could not be arrested.
2To my mind, this is one of the rare cases where justice has to be tempered with some degree of mercy.
If at all the private respondent is suffering from neurological problem, his parents (the father is present in Court) ought to take special care of him and not leave him alone in the house. It is an admitted position, as revealed from the complaint lodged by the father of the private respondent, that the private respondent had hurled a brick towards the petitioner on May 07, 2015. Although there is some dispute as to whether the brick struck the petitioner or not, there cannot be any doubt that the act of the private respondent had the potential of causing casualty.
In such view of the matter, I direct the said inspector to conduct investigation in accordance with law and he may arrest the private respondent, if at all it is absolutely required for the purpose of investigation of the petitioner's complaint. In the event the said inspector has any doubt in his mind as to the necessity of arresting the private respondent, he may proceed with the investigation upon issuing due notice under Section 41-A of the Code of Criminal Procedure. It is, however, made clear that so long the private respondent is in the hospital receiving treatment, he shall not be disturbed in any manner whatsoever.
In any event, the said inspector shall make 3 discreet enquiry to find out as to whether the parents of the private respondent have left him alone in the house or not and in such case, he shall have the liberty of mentioning this writ petition for further direction.
Put up this writ petition on September 10, ACO 2015 under the heading 'To Be Mentioned' to enable the said inspector report to this Bench the developments in regard to investigation of the petitioner's complaint.
Needless to observe, the said inspector shall maintain strict vigil to ensure that the private parties do not indulge in any criminal activity; in case of such eventuality, immediate steps shall be taken to restore normalcy.
Personal appearance of the inspector-in- charge is dispensed with.
(DIPANKAR DATTA,J.)