Married Police Personnel Cohabiting With Another Person Is Unbecoming Of His Status: Calcutta High Court

The Calcutta High Court has observed that a police official cohabiting with another person during the presence of their spouse is "unbecoming of their status."

The court was dealing with a prayer for anticipatory bail in a case under Sections 307, 498A, 406 IPC against a police officer who was allegedly in a relationship with a practising advocate. Both parties were allegedly married to separate spouses and had children from their respective marriages. It was argued by the petitioner that since their relationship soured, he was falsely accused by the complainant.

It was claimed by the de facto complainant, that the petitioner had married her in Kalighat temple, and that he had assaulted her after the marriage. It was alleged that he had tried to kill her by driving his car in a reckless manner to inflict injuries on her while she was sitting inside. It was stated that due to this accident, she had suffered a miscarriage.

The complainant alleged that the petitioner had also demanded money from her in a drunken state, an allegation which was refuted by the petitioner who stated that the allegations were false as he was on duty at the time the offence was alleged to be committed.

Counsel for the complainant claimed that the complainant had been divorced in the year 2020, and the petitioner suppressed his matrimonial status and married her in 2021, cohabiting together over three years.

"Suspend him for his behaviour. This is unbecoming of a police officer, to cohabit while he has a spouse living. If you choose to condone his conduct as an employer like she (complainant) has done...in a limited scope for anticipatory bail we are not going to cleanse your police department. We will protect this lady," a division bench of Justices Joymalya Bagchi and Gaurang Kanth stated.

Upon hearing the parties, the court observed that it was unbecoming of a police officer to be cohabiting with another woman while being married to his spouse.

It was observed that the victim's statement revealed that during their cohabitation the victim came to know that the petitioner was married, and chose to continue their relationship and became pregnant. 

On the question of causing miscarriage, the court noted that the accident was due to the fact that their car was hit by a truck, due to which the miscarriage was caused.

"Though we are of the view that the conduct of married police personnel cohibiting with another person is unbecoming of his status, within the limited scope of the application seeking protection from arrest, the said issue may not be germane. The department has already initiated proceedings against him," it was held.

Accordingly, the court granted anticipatory bail and prohibited the petitioner from contacting the victim.

Case: ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL 

Case No: CRM (A)/3773/2024

Citation: 2024 LiveLaw (Cal) 230

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