Parimal Debsharma v. State Of West Bengal And ORS.

24-01-2020 Court No.2 Sh/21.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 98 OF 2020 Parimal Debsharma. . . . Petitioner.

Vs.

The State of W.B. & Ors. . . .Respondents.

Mr. Arijit Bakshi.

. . .For the Petitioner.

Mr. Bikramaditya Ghosh, Mr. Momenur Rahaman.

. . For the State.

The petitioner is aggrieved by the incorporation of sections in the First Information Report, which are bailable in nature, although it is alleged that the offences as disclosed in the complaint before the police were non-bailable in nature, specially with regard to the Arms Act and also theft of Rs.3000/-.

It is the contention of the petitioner that the police in collusion with the accused persons have incorporated bailable sections purposely so that the accused persons may be enlarged on bail easily and the offences which were actually committed by them will not be tried.

The petitioner has drawn the attention of the Court to a letter written by the petitioner to the Officerin-charge, Alipurdwar Police Station ventilating his grievances. The petitioner has also drawn the attention of the Court to the complaint lodged before the Police Authorities.

Learned advocate for the respondent/Police authorities submits that the petitioner cannot dictate what section should be added to the First Information Report. He further submits that at the appropriate stage the petitioner will be give an opportunity to pray for insertion of the sections,, which according to the petitioner have been purposely omitted by the Police authorities.

Having heard the learned advocates for the respective parties and having gone through the complaint filed before the Police authorities, in my opinion without deciding the merits of the claim of the petitioner this writ petition should be disposed of by granting liberty to the petitioner to file appropriate representation before the Superintendent of Police, Alipurdwar and the said Superintendent of Police upon consideration of the contents of the complaint, records and the investigation should take a reasoned decision on the said representation of the petitioner and redress the grievances of the petitioner.

It is further requested that the said Superintendent of Police should also ensure that free and fair investigation is done by the Police authorities. With the above direction and observations this writ petition is disposed of without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties expeditiously upon due compliance of all formalities.

( SHAMPA SARKAR, J.)