Jiarul Islam v. State Of West Bengal And ORS.

10.

bd.

27.06.2024 Ct.14 W.P.A. 16278 of 2024 Jiarul Islam -vs- The State of West Bengal & Ors.

Mr. Mritunjay Chatterjee Mr. Akash Sarkar ... for the petitioner. Mr. Ansar Mondal Ms. Somashree Dey ... for the State. The petitioner alleges that the police took him in custody without registering any case against him and has forced him to sign blank documents for settlement of a land dispute with one Chahatan Khatun.

Report forwarded by the S.I. of Police Raninagar P.S. dated 26th June, 2024 mentions that the petitioner was detained and taken in police custody vide Raninagar P.S. GDE No. 1124/24 dated 21st June, 2024 only to prevent cognizable offence. On 22nd June, morning Jahanara Khatun, lawyer of Lalbagh Court arrived at the police station and stood as surety of bail of the petitioner. After conducting proper medical check up, the bail of the petitioner was accepted and he was released on bail under Sections 151/107 Cr.P.C. on 22nd June, 2024 vide Raninagar P.S. GDE No. 1164/2024 dated 22nd June, 2024.

Alleging excess action on the part of the police in taking pro-active steps to detain and arrest him without a formal complaint being lodged against him, the petitioner made a representation before the

Superintendent of Police, Murshidabad, on 23rd June, 2024 via electronic mail.

The Superintendent of Police, Murshidabad, is directed to cause an enquiry and take necessary steps in the matter after viewing the CCTV footages of the police station.

If it is found that blank documents were made to be signed by the petitioner, then necessary steps shall be taken against the officers who pressurized the petitioner in signing the blank documents. The blank documents shall be recovered and handed over to the petitioner. The said documents cannot be used for any legal purpose.

Steps shall be taken by the Superintendent of Police, Murshidabad, at the earliest.

The writ petition stands disposed of.

Affidavit of service is taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)