Calcutta High Court (Appellete Side)
Bd vs The State Of West Bengal & Ors on 29 November, 2017
Author: Patherya
Bench: Patherya
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29/11/2017 MAT 973 of 2017
(3) +
CAN 7639 of 2017
Biswajit Sarkar
BD. -vs-
The State of West Bengal & Ors.
Mr. Joytosh Majumder
Mr. Pinaki Dhole
Mr. Debasish Sarkar
... for the State respondents.
By order dated 22nd September, 2017, CAN 7639 of 2017 the delay was condoned. Thereafter MAT 973 of 2017 was taken up for hearing on 26th October, 2017. The State counsel was directed to produce the records on the next date of hearing.
On hearing this day none has appeared on behalf of the appellant.
The impugned order of the court below dated 19th April, 2017 has been considered by us. The guidelines have also been considered. By the said guidelines dated 26th September, 2011 and the annexures thereto has set out the eligibility criteria, hereinbelow.
"a. Resident of the area under the police station where they will be deployed. b. Age between 20 to 30 years (as on 1st January of the respective year of enrolment) c. Should have passed Madhyamik standard Examination. d. Should have represented at least School/Club level sports. e. Should have experience as NCC Cadet/Boy Scouts/ NSS Guide/Civil Defence Volunteers etc. f. Should not have any criminal record against them in any police station.2
g. Should be medically fit."
And one of the said criteria is that he should not have any criminal record against him in any police station. An FIR was filed on 27th October, 2016 by one Smt. Milan Biswas under Sections 363/366A/ 376(2)/354A/354C/354D/120B IPC so also under Section 67B of the Information Technology Act to be read with Section 4 of the Protection of Child from Sexual Offences Act, 2012. On the basis of the said complaint Falakata P.S. Case No.480/16 dated 27th October, 2016 was filed and considering the annexure to the guidelines 3(f) and Termination of Voluntary Service the first reason given therein (Involvement in any criminal case) calls for no interference with the order dated 19th April, 2017.
Counsel for the State respondents places before us the report of the I.C. Falakata P.S. District- Alipurduar dated 06.11.2016 and the said cannot be ignored.
Accordingly, the appeal is rejected and dismissed and calls for no interference.
Report dated 6.11.2016 be kept on record.
Certified copy of this order, if applied for, be given to the parties on priority basis.
(Patherya, J.) (Rajasekhar Mantha, J.) 3 4