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AJOY KUMAR MUKHERJEE
Sutapa Adhikari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Challenging the impugned notices dated 11.07.2022 issued to the petitioners herein under section 160 of the Code of Criminal Procedure (in short Cr.P.C.) in connection with the Contai Police Station Case No. 46 of 2022, dated 31.01.2022, present application under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India has been filed. Petitioners alleged that the petitioners are the family members and have close acquaintance with the leader of the opposition in the state of West Bengal, who are being targeted by the ruling party being hand in gloves with the police administration for their association with the leader of the opposition.
2. Petitioners’ case is on 31.01.2022 a written complaint was submitted by the present opposite party no. 2, alleging commission of offence under section 120B/409/477A of Indian Penal Code, alleging interalia that certain works which were done under Contai Municipality under development scheme are deceptive in nature. It has been stated in the FIR that in the year 2017 and 2018 certain development and beautification works were undertaken at places in Contai town which were to be implemented by
Under garb of Section 160 of Cr.P.C. a person unconnected with offence, cannot be directed to appear through notice under Section 160, for adopting short cut method of denying right of such person to....
The court's inherent powers under Section 482 Cr.P.C. can be exercised to prevent the abuse of process of law and to secure the ends of justice.
A Police Officer making investigation may require attendance of “any person being within the limits of his own or any adjoining station ”, thereby, clearly and unequivocally setting limits to the jur....
The term 'adjoining station' in Section 160(1) Cr.P.C. can include a police station declared as a police station for an entire state, in relation to another police station declared as a police statio....
The term 'any person' in Section 160 of the CrPC includes persons acquainted with the facts and circumstances of the case, empowering the investigating agency to issue notices for their presence duri....
The main legal point established in the judgment is that a petition seeking advance notice before arrest/detention, without challenging the notice under Section 160 Cr.P.C., is not maintainable under....
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