Calcutta High Court: In a case related to printing of respondent’s photograph on the national flag and using it for campaign purposes during the Panchayat elections, a Division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., observed that the FIR is registration on the alleged offence and the investigation is in progress, therefore the petitioner’s grievance has already been addressed. The Court further emphasized the police’s duty to carry out a thorough investigation and adhere to legal protocols.
In the instant matter, the petitioner filed a public interest writ petition (PIL), seeking a directive against respondent 7 for printing her photograph on the national flag and using it during the Panchayat elections.
The respondent 7’s submitted that the photograph was printed without her knowledge, and she has issued an unconditional apology in response to a show-cause notice from the Block Development Officer The respondent 7’s further submitted that a police complaint has been lodged against her, leading to the registration of an F.I.R., and an ongoing investigation is underway.
The Officer-in-Charge of Rajapur Police Station submitted a report dated 07-08-2023, confirming the registration of the F.I.R. and the progress of the investigation.
The Court disposes of the writ petition and holds that considering the subsequent developments, the petitioner’s grievance has been addressed. The Court also notes that it is the responsibility of the police to conduct a proper investigation and proceed in accordance with the law.
[Ramesh Sadhukhan v. Union of India, 2023 SCC OnLine Cal 2291, order dated 07-08-2023]
Advocates who appeared in this case :
Mr. Loknath Chatterjee Mr. Apurba Ghosh Mr. Anindya Ghosh Mr. Subhajit Mukherjee, Counsel for the Petitioner;
Mr. Achintya Kumar Banerjee Ms. Indumouli Banerjee, Counsel for the Respondent 7 and 8;
Sk. Md. Galib Mr. Gourav Das, Counsel for the State;
Mr. Dibashis Basu Mr. Arun Bandyopadhyay, Counsel for the Union of India.
