Calcutta High Court (Appellete Side)
Titas Bandyopadhyay & Ors vs The State Of West Bengal & Ors on 10 July, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
622. 10.07.2017 W.P. 17585 (W) of 2017
Aloke
Ct. no. 28
Titas Bandyopadhyay & Ors.
versus
The State of West Bengal & Ors.
Mr. Sandipan Ganguly
Mr. Angshuman Chakraborty
Mr. Avik Ghatak
Mr. S. S. Saha
... for the petitioners
Mr. Amitesh Banerjee, Sr. Adv.
Mr. Sakya Sen
Mr. Suddhadev Adak
Mr. Tarak Karan
... for the State
Petitioners who claim to be freelance journalists
and/or photographers allege that in the night of 28-29
May, 2017 they were subjected to unruly behaviour and
molestation at the behest of respondent-police officers in
a gross abuse of their official powers.
It is pleaded in the petition that the respondent nos. 7 to 10 misbehaved with them and started a false case being South Port P.S. Case No. 102/2017 under Sections 353/332/114/506 of the Indian Penal Code in order to cover their misdeeds. It is also pleaded that the criminal case initiated by the petitioners being Watganj P.S. Case No. 09/2017 dated 23.06.2017 under Sections 2 354A/325/509/167/379/114 of the Indian Penal Code is not being investigated properly. Even the graver offences which are ex facie evident for the accusations in the complaint have not been referred to in the first information report.
Mr. Banerjee, learned senior counsel hotly denied and disputed the allegations levelled against police authorities. He submitted that the petitioners were inebriated and misbehaved with the police authorities and, therefore, they were required to be restrained and a criminal case was registered against them. It is also submitted that all necessary steps are being taken in the mater of investigation of the counter case registered at the behest of the petitioners.
In reply, Mr. Ganguly, learned senior counsel for the petitioners submits that his clients were not inebriated, as alleged, and such false allegations were levelled against them without subjecting them to any medical test. He further apprehends that the police authorities will destroy any electronic evidence which may be available with regard to the incident. It is also submitted that the police authorities of South Port P.S. who claim to be victims in the criminal case registered 3 against the petitioners, are investigating the said case themselves.
In view of the rival submissions emerging from the submissions of the parties, I am of the opinion that the matter requires to be decided upon exchange of affidavits.
Affidavit-in-opposition be filed within three weeks; reply, if any thereto, be filed one week thereafter.
With regard to the plea that the criminal case registered at South Port P.S. ought not to be investigated by any police officer of the said police station as they claim to be victims in the said case, I am of the opinion to dispel any apprehension of bias in the mind of the petitioners, the investigation of the said case be conducted by a superior officer not less than the rank of a Deputy Commissioner of Police as nominated by the Commissioner of Police, Kolkata. The electronic evidence, if any, shall be preserved in the course of investigation in accordance with law.
Both the criminal cases shall be investigated in a fair and impartial manner and the investigation in respect of the case registered at the behest of the petitioners shall be conducted taking into consideration the concerns of the petitioners and in accordance with 4 law.
Affidavits filed by the State-respondents shall disclose due compliance of the interim directions and progress of investigation in both the cases.
The matter shall appear under the heading 'Final Disposal' four weeks hence.
(Joymalya Bagchi, J.)