'Misleading The Court': Calcutta HC Directs DGP To Initiate Departmental Proceedings Against Police Officers, Orders CID Probe

The Calcutta High Court on Tuesday directed the Director General of Police, West Bengal to initiate departmental proceedings against concerned police officers for misleading the Court and further handed over the investigation to the Criminal Investigation Department (CID), West Bengal. 

Justice Rajasekhar Mantha was adjudicating upon a case involving serious offences under Section 365 (kidnapping or abducting with intent secretly and wrongfully to confine person), Section 354B (Assault or use of criminal force to woman with intent to disrobe) and other provisions of the IPC. 

The Court on Tuesday took on record the report dated April 19 filed by the Additional Superintendent of Police, Zonal, Baruipur Police District wherein lapses in the investigation had been admitted. Pursuant to the perusal of the records, the Court further noted that a large number of other lapses have not been addressed by the Additional Superintendent of Police.

The Court further expressed reservations over the fact that the concerned report had not been Superintendent of Police, Baruipur Police Station himself and accordingly remarked, 

"It is not however understood as to why the Superintendent of Police, Baruipur Police Station has not signed the report himself. If the Additional Superintendent of Police was signing the report on behalf of the Office of the Superintendent of Police, the same shall have to be indicated."

Justice Mantha also underscored that he is not satisfied with the punishment of "Censure" on the Investigating Officer, ASI, Arnab Chakraborty imposed by the appointing authority and further noted that from the concerned report it appears that he has been recently promoted from Constable to ASI and entrusted investigation.

Opining that departmental proceedings must be ignited against the Investigating Officer and other officers responsible for such a lapse in investigation, the Court ordered, 

"This Court is, therefore, of the view that the entire file as regards the conduct of investigation by ASI, Arnab Chakraborty must be looked into by a higher authority..The Director General of Police, West Bengal shall call for the records and consider drawing up of appropriate departmental proceeding against the ASI, Arnab Chakraborty and any other person that the Director General of Police, West Bengal may feel is responsible for misleading this Court."

Furthermore, the report of the Inspector-in-charge, Narendrapur Police Station of Baruipur Police District along with the report of the Superintendent of Police, Baruipur Police District was directed to be forwarded to the Director General of Police, West Bengal. 

The Director General of Police, West Bengal was also directed to submit a report in this regard on the next date of hearing which is slated to take place on June 7. 

Opining further that the investigation in the case has been perfunctory, the Court ordered for a probe by the CID, West Bengal and accordingly ordered, 

"The investigation of the Narendrapur P.S. in the instant case has been admittedly perfunctory. The investigation into the Narendrapur P.S Case No. 137/2022 dated 03.02.2022 shall therefore be handed over to the CID, West Bengal. The case diary and the charge-sheet already filed along with all evidence collected shall also be handed over."

The CID, West Bengal shall at its own discretion file supplementary or fresh charge-sheet after conducting an independent investigation of its own, it was stated further. 

Case Title: Madhu Singh v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 144

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