Sheo Prakash Bhattar v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2711 of 2022 Sheo Prakash Bhatter Vs.

The State of West Bengal For the petitioners : Mr. Anjan Bhattacharya, Adv.

Ms. Anita Shaw, Adv.

Heard on : 01.08.2022 Judgment On : 01.08.2022.

Bibek Chaudhuri, J.

The petitioner is one of the Directors of Tirupati Cold Storage, a Private Limited Company. On 19th May, 2022, there was an incident of leakage of Ammonia gas in the above-named cold storage causing damage of agricultural products of approximately 2000 farmers. The administrative authority on due consideration and upon deliberation with the petitioner fixed compensation amount. Being aggrieved, the petitioner challenged the order of compensation before this Court invoking constitutional writ jurisdiction. Subsequent to such proceeding, the petitioner also filed writ petitions for various other

reliefs, last being No.WPA 11276 of 2022 which was disposed of by a Co-ordinate Bench on 8th July, 2022 allowing the prayer of the petitioner for police protection on his cost. Under the said backdrop, the petitioner received a notice under Section 41A of the Code of Criminal Procedure in connection with Memari Police Station Case No.401 of 2022 dated 4th July, 2022 under Sections 420/406 of the Indian Penal Code. The petitioner apprehends that Memari Police Station Case No.401 of 2022 was registered against the petitioner over the issue of gas leakage that took place on 19th May, 2022. The petitioner has prayed for quashing of notice under Section 41A in connection with Memari Police Station Case No.401 of 2022. Having heard the learned Advocate for the petitioner it is ascertained that the petitioner is apprehending of threat of his life if he visits the jurisdiction of the police station for interrogation under Section 41 A.

In view of such circumstances, the instant criminal revision is disposed of directing the Investigating Officer of Memari Police Station Case No.401 of 2022 to interrogate the petitioner in his residence on a particular date and time to be mentioned by the Investigating Officer. The petitioner is also directed to remain present in his residence to facilitate the Investigating Officer to interrogate in connection with Memari Police Station Case No.401 of 2022.

With the above order, the instant revision is disposed of. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.108.

D/L.