Petitioner's Lawyer Threatened By Police Inspector: Calcutta High Court Transfers Investigation To West Bengal CID

The Calcutta High Court on Wednesday transferred an investigation into a criminal case to the West Bengal CID after noting that the lawyer of the petitioner had been threatened by the concerned inspector of the local police station.

Justice Bibek Chaudhuri directed the Deputy Inspector General of Police (DIG) of the West Bengal CID to appoint an Officer to investigate the case and accordingly observed, 

"Since the learned advocate for the petitioner was even threatened by the police inspector being the well wisher of the opposite parties, this Court is of the view that both Kasba Police Station Case No.254 of 2021 and Anandapur Police Station Case No.63 dated 5th April, 2022 ought to be investigated by a competent officer of C.I.D., West Bengal. Therefore, the Officers-in-charge of Kasba P.S. and Anandapur P.S. are directed to hand over the case diary of the above mentioned case to the Officer, CID for further investigation as appointed by the D.I.G., C.I.D."

The Court thus ordered for a copy of this order to be sent to the D.I.G., C.I.D., Government of West Bengal at Bhawani Bhawan, Alipore.

In the instant case, the petitioner was harassed, threatened with dire consequences and molested by the respondents following which a case was registered at Kasba Police Station on August 20, 21 against the respondents under Sections 341/354B/506/114 of the Indian Penal Code. Thereafter, the respondents were granted bail by the jurisdictional Magistrate holding, inter alia, that the respondents have complied with Section 41A of the CrPC. 

Subsequently, the respondents committed the same offence which compelled the petitioner to lodge another complaint at Anandapur Police Station. The concerned ACJM thereafter granted bail to the respondents vide order dated November 3, 2021. The instant plea has been filed by the petitioner seeking cancellation of bail alleging the violation of bail conditions imposed. 

Cancelling the bail granted to the respondents, the Court directed, 

"On perusal of the materials on record and having heard the learned advocates for the parties, it is prima facie proved when Anandapur Police Station case number was registered against the opposite parties that their post bail conduct was not satisfactory. They have not observed the conditions for bail. Therefore, I am inclined to cancel the order of bail passed in favour of the opposite parties. The police authority is directed to arrest the opposite parties forthwith."

Case Title: Mousumi Narayan (Nee Pal) v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 230

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