'Constitutional Court Can't Be Used As A Coercive Machinery': Calcutta HC Directs Petitioner To Approach Magistrate For Alleged Police Inaction

The Calcutta High Court has recently opined that the power of the Constitutional Court cannot be used as a coercive machinery and thus ordered the aggrieved person to seek relief from the concerned Jurisdictional Magistrate regarding the alleged police inaction. 

Justice Bibek Chaudhuri was adjudicating upon a case wherein the petitioner had alleged that she had been manhandled and also her modesty had been outraged by the respondent and his associates in an altercation regarding construction over a disputed property. 

Thereafter, the petitioner had moved an application under Section 156(3) of the CrPC before the concerned Additional Chief Judicial Magistrate, Barasat. The concerned Chief Judicial Magistrate subsequently directed the concerned police authorities of the jurisdictional police station to commence investigation. However, the petitioner alleged that despite such a direction, the police authorities had not taken any step against the respondent and that the alleged harassment is being continued. 

During the proceedings, the counsel appearing for the State filed a police report on the basis of the complaint police registered. The Court was apprised that a notice under Section 41A of the CrPC was served upon the respondent and that he was interrogated by the police. Subsequently, the respondent had surrendered before the concerned Magistrate and had also obtained an order of bail. 

Upon perusal of the police report, the Court observed, 

"Considering the police report, I do not find any support of the allegation made by the petitioner that police did not take any action and start investigation of Deganga Police Station Case No.299 of 2022."

Opining further that the power of the Constitutional Court cannot be used as a coercive machinery, the Court underscored, 

"The power of the Constitutional Court cannot be used as a coercive machinery upon an individual. If the petitioner has any objection with regard to the course of investigation, she can take appropriate step in the Court of the Jurisdictional Magistrate."

Accordingly, the Court dismissed the plea and further noted that the husband of the petitioner had also moved a similar application which had previously been dismissed with costs. 

Case Title: Rajina Begam v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 223 

Click Here To Read/Download Order