Rafique Ahmed And ORS v. State Of West Bengal

05.07.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3142 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karaya Police Station Case No. 316 of 2022 dated 14.04.2022 under Section 401(A) of the Kolkata Municipal Corporation Act, 1980.

And In Re : Rafique Ahmed & Ors.

...... petitioners Mr. Smartajit Sarkar Mr. Sourav Mondal ....for the petitioners Ms. Sreyashee Biswas ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners draws the attention of the Court to the First Information Report. He submits that, the petitioner complied with the notice issued under Section 41A of the Code of Criminal Procedure (Cr.P.C.). Learned advocate appearing for the State submits that, the petitioners are guilty of constructing six floors unauthorisedly.

There are proceedings under Section 401(A) of the Kolkata Municipal Corporation Act, 1980.

There are unauthorised construction at the locale. The petitioners are the owners of the unauthorised construction.

Unauthorized

construction is a menace in the city of Kolkata. In such circumstances, there is a need for custodial interrogation of the petitioners. Consequently, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 3142 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)