calcutta high court

Calcutta High Court: In a case where the petitioner sought court’s intervention to ensure a proper investigation into a politically motivated attack on them and their family, a single-judge bench comprising of Jay Sengupta,* J., ordered the investigating officer to expedite the investigation and directed the continuation of certain facilities for the petitioner’s benefit.

In the instant matter, the petitioner preferred an application under Article 226 of the Constitution of India seeking several directions from the court concerning the investigation for an FIR registered under various sections of the IPC, Arms Act, 1959 and Explosives Substances Act, 1908. The petitioner alleged in the FIR that he and his family members, who were supporters of an opposition political party, were attacked by miscreants affiliated with the ruling political dispensation after the Panchayat Elections of 2023. The attack resulted in grievous injuries, bombings, and damage to property.

The petitioner contended that while some accused individuals had been arrested, four main accused persons remained at large. Additionally, the petitioner claimed that both the accused and other miscreants were intimidating him and other witnesses. Following the intervention of the Court, the police had taken measures to protect the petitioner, including posting a police picket near his house and providing an ambulance for medical treatment. However, there were still pellets inside the victim’s body requiring removal.

The State presented a fresh report and the case diary, asserting that the police were sincerely investigating the case. Eight accused had already been arrested, and steps were being taken to apprehend the remaining absconding accused. The police intended to submit a charge sheet by 13-10-2023.

The Court, after considering the submissions of both parties, made the following observations and issued the following directions:

  1. The Court acknowledged that upon its intervention, the investigating agency had taken appropriate steps in the investigation, including the arrest of several accused individuals. Additionally, facilities such as the posting of a police picket and the provision of an ambulance had been arranged by the respondent authorities.

  2. The court directed the Investigating Officer to conclude the investigation promptly and in accordance with the law.

  3. The facilities provided to the complainant, including the availability of an ambulance and the presence of a police picket, were ordered to continue for three months from the date of the judgment. The availability of the ambulance would persist until all pellets were removed from the victim’s body.

  4. No further orders were deemed necessary at this stage.

  5. The writ petition was disposed of.

[Chhelim Sk. v. State of W.B., 2023 SCC OnLine Cal 3450, order dated 06-10-2023]

*Judgment by Justice Jay Sengupta

Advocates who appeared in this case :

Mr. Pratip Kumar Chatterjee, Counsel for the Petitioner

Mr. Wasim Ahmed, Sk. Md. Masud, Counsel for the Respondent/State

Buy Constitution of India  HERE

Constitution of India

Buy Penal Code, 1860   HERE

penal code, 1860

Must Watch

maintenance to second wife

bail in false pretext of marriage

right to procreate of convict

Criminology, Penology and Victimology book release

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.