Manoj Paul v. Union Territory, Andaman And Nicobar Islands

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

WPA/189/2021 Manoj Paul ...

Petitioner Vs.

Union Territory, Andaman and Nicobar Islands and another ...

Respondents Mr.Manoj Paul ... Petitioner-in-person Mr.Krishna Rao, Advocate ... for the respondents November 09, 2021 [GNC] Item No.25.

The writ petitioner has prayed for a fine to be imposed on the Public Information Officer of the Andaman Police Department for irresponsible reply. In the prayer it is also stated that the petitioner was detained for 55 days on the basis of fabricated and false FIR. Costs are prayed for. It appears from the submission of the State that there are as many as four chargesheets filed against the writ petitioner and the trials are pending. The writ petitioner appearing in person submits that the charges have not yet been framed and hence submits that the trial has not started.

Be that as it may, this Court is of the view that the prayer for penalty for any malicious prosecution or any claim for damages in that regard against the State may be maintained after the trial is over. The other remedy

available to the petitioner against the chargesheet is under the provisions of section 482 of the Code of Criminal Procedure.

In that view of the matter, no relief can be granted to the writ petitioner in the instant proceeding. However, it is directed that the proceedings against the petitioner in respect of the four chargesheets be completed as expeditiously as possible, preferably within a period of six months from the date of communication of a copy of this order.

The writ petitioner shall cooperate in conduct the aforesaid trials.

Mr.Rao, learned counsel for the Administration submits that the petitioner need not be worried about the personal security and also assures the Court that in the event of the petitioner apprehends threat, sufficient and appropriate security shall be afforded to him when he attends Court for defending the criminal proceedings against him.

The writ petition stands disposed of accordingly. ( Rajasekhar Mantha, J. )