Calcutta High Court (Appellete Side)
Under Sections 364/511 Of The Indian ... vs In Re: Tujir Ali Mallick @ Tujir Mallick & ... on 7 June, 2010
1 06.10 m CRM No. 7663 of 2010 In re: An application under section 438 of the Code of Criminal Procedure filed on 17.05.10 in connection with Kaliganj P.S.Case No. 122 of 2010 dated 21.03.2010 under sections 364/511 of the Indian Penal Code.
And In Re: Tujir Ali Mallick @ Tujir Mallick & Ors Petitioners Mr. Prabir Majumder For the Petitioners Mr. Sandipan Ganguly For the State This Application was filed upon notice to the State on 17.05.2010. The case diary was with the learned State Advocate. Today after reopening of the vacation when the matter was taken up , we were told by the learned Counsel for the Petitioners that the Petitioner No.3, Altu Sk., has already been arrested on 23.05.2010 in spite of the knowledge by the Investigating Officer of the pendency of this Application as he was duly informed on behalf of the Petitioners. Earlier the Superintendent of Police, Nadia, in a similar situation arising out of Krishnagar Kotwali P.S. Case No.444 of 2009 dated 20.06.2009 under sections 302/34 of the Indian Penal Code, took effective steps in terms of our direction passed previously.
We would issue a show cause notice on the Investigating Officer to explain his conduct as to why during pendency of this Application, he had intercepted 1 2 the Petitioner No.3 notwithstanding the knowledge that the Application was sub- judice before us. Such explanation is required to reach us by Monday next (14.06.2010) along with the comments of the Superintendent of Police , Nadia, on the aforesaid matter.
The matter stands adjourned till 14.06.2010. Let Xerox plain copy of this order duly counter signed by the Assistant Registrar (Court) be given to the learned Advocate for the State.
(Amit Talukdar, J) (Raghunath Ray, J) 2