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High Court Of Calcutta
ARUN KUMAR DUTTA
SANKAR GOPE - Appellant
Versus
STATE - Respondent
. . Of .
Decided On : 08/26/1994
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF CRIMINAL PROCEEDINGS - FIR - DISCLOSURE OF OFFENCE - INVESTIGATION - MALA FIDE INTENTION - ARREST - ILLEGAL DETENTION - COMPENSATION.
Fact of the Case:
The petitioner was arrested in connection with a case registered against him under various sections of the IPC. He was subsequently granted bail by a Division Bench of the High Court. However, he was not released from jail as the Superintendent, Alipore Central Jail, refused to accept the release orders issued by the Sub-Divisional Judicial Magistrate. The petitioner filed an application under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of the criminal proceedings and for his release.
Finding of the Court:
The High Court held that the FIR did not disclose any cognizable offence and that the investigation was mala fide. It also held that the petitioner's arrest and detention were illegal. The Court quashed the criminal proceedings and directed the release of the petitioner. It also directed the Superintendent, Alipore Central Jail, to appear before the Court and explain why the petitioner had not been released earlier.
Issues: 1. Whether the FIR disclosed any cognizable offence? 2. Whether the investigation was mala fide? 3. Whether the petitioner's arrest and detention were illegal? 4. Whether the criminal proceedings should be quashed? 5. Whether the petitioner was entitled to compensation?
Ratio Decidendi: 1. The FIR did not disclose any cognizable offence because it did not contain any specific allegations of the commission of an offence. The allegations were vague and general and did not provide sufficient grounds for the police to investigate the matter. 2. The investigation was mala fide because it was started after the petitioner had been granted bail by the High Court and because the police had not disclosed to the Court that there was another case pending against the petitioner. 3. The petitioner's arrest and detention were illegal because they were made without a valid FIR and because the police had not obtained a production warrant from the Court. 4. The criminal proceedings should be quashed because they were based on an invalid FIR and because the investigation was mala fide. 5. The petitioner was not entitled to compensation because he had not suffered any damages.
Final Decision: The High Court allowed the petition, quashed the criminal proceedings, and directed the release of the petitioner. It also directed the Superintendent, Alipore Central Jail, to appear before the Court and explain why the petitioner had not been released earlier.
( 1 ) BY this application under S. 482 of the Code of Criminal Procedure (hereinafter referred to as Code), the petitioner-accused Sankar Gope (hereinafter referred to as accused), has prayed the Court for setting aside the orders dated 5-8-94 and 7-8-94 passed by the Sub-Divisional Judicial Magistrate at Tamluk in G. R. case No. 347 of 1994, arising out of Durgachak P. S. Case No. 50 of 1994 dated 1-8-94 pending before him, and for quashing of the said proceedings, along with the prayer for directing him (accused) to be forthwith released from his illegal detention in connection therewith for the reasons stated in detail and on the grounds made out therein.
( 2 ) THE facts, as are relevant for the present purpose, may shortly be set out as follows : - the accused was arrested in connection with the Kotwali P. S. (Nadia) Case No. 152 dated 30 -4-94 pending before the Sub-Divisional Judicial Magistrate (hereinafter shortened into S. D. J. M.) at Krishnagar on the basis of the allegations made in the FIR lodged by one Rina Bibi for alleged offences punishable under Ss. 406/420/120b/467/468/471/34, IPC. He was subsequently shown arrested in connection with the Kotwali P. S. (Nadia) Case No. 158 dated 2-5-94 before the S. D. J. M. at Krishnagar on the basis of FIR lodged by one Tapan Kr. Lana for alleged offences punishable under Ss. 406/420/120b/467/468/471/34, IPC. The accused was, however, granted bail in the said two cases by orders of a Division Bench of this Court on 28-6-94. Three other cases, being (1) G. R. Case No. 294 of 1994, arising out of Tamluk P. S. Case No. 84 of 1994 dated 4-6-94 before the S. D. J. M. at Tamluk, Midnapore; (2) G. R. Case No. 522 of 1994, arising out of Mandirbazar P. S. Case No. 36 of 1994 before the S. D. J. M. at Diamond Harbour, 24-Parganas (South), and (3) G. R. Case No. 303 of 1994, arising out of Hasnahad P. S. Case No. 39 dated 3 -5-94 before the S. D. J. M. at Basirhat, 24-Parganas (North), had been registered against him. On prayers made by the Investigating Officers (for short I. O.) in the said cases for showing him (accused) arrested and for issue of Production Warrants (for short P. W.) in connection there with, the aforesaid three S. D. J. M. s had directed issue of P. Ws. against him (accused) in connec tion with the aforesaid three cases. On three Criminal Revision Cases having been filed on behalf of the accused before this Court, being Criminal Revision Cases Nos. 1351, 1359 and 1388 of 1994, this Court by order dated 13-7-94 in Criminal Revision Cases Nos. 1351/94 and 1359 of 1994, and by order dated 22-7-94 in Criminal Revision Case No. 1388 of 1994 had stayed all further proceedings in the aforesaid three subsequent cases, and had also stayed the Production of warrants issued by the S. D. J. Ms. concerned in connection therewith.
( 3 ) THE accused could not furnish Bail Bonds in connection with Kotwali P. S. Case No. 152 dated 30-4-94 and Kotwali P. S. Case No. 158 dated 2- 5-94 in terms of the bail granted by a Division Bench of this Court on 28-6-94 till 14-7-94. Bail Bonds had been furnished on his behalf before the S. D. J. M. at Krishnagar in connection with the aforesaid two cases on 14-7-94, accepted by the latter, who had issued Release Orders to the Superintendent, Alipore Central Jail, where he (accused) had been lodged, for his release. Since the accused had not been released by the Superin tendent, Alipore Central Jail, despite Release Orders issued by the S. D. J. M. at Krishnagar in connection with Kotwali P. S. Case Nos. 152 and 158, dated 30-4-94 and 2-5-94 respectively, and stay of all further proceedings, along with Stay of P. Ws. issued by the S. D. J. Ms. concerned in the aforesaid three subsequent cases, granted by this Court in the aforesaid three Criminal Revision Cases, an Application had been filed on behalf of the accused before this Court on 2-8-94 under S. 482 of the code for directing his release, in the aforesaid circumsta
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