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2023 Supreme(Cal) 572

BIBEK CHAUDHURI
Mrinal Paul @ Mona Paul – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amales Ray, Pabitra Pal Chowdhury, Deborshi Dhar.
For the Respondents: Subir Kr. Saha, Momenur Rahman, Sabir Ahmed.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The petitioner is aggrieved against deliberate arbitrary act of police atrocities inflicted upon him by his illegal detention by the police attached to Bhaktinagar P.S on the basis of the second FIR over the selfsame facts on the basis of which a criminal case is already pending before the court of the learned Magistrate and secondly subsequent detention in a bailable offence under Section 385 of the IPC.

2. It is the case of the petitioner that one Shekhar Sharma, respondent No. 8 herein lodged a written complaint before the Officer-in-Charge of Bhaktinagar P.S on or about 11th November, 2014 on the basis of which Bhaktinagar P.S Case No. 1544 of 2014 dated 11the November, 2014 under Sections 420/468/471/384/447/34 of the IPC was registered. The said case gave rise to GR Case No. 5397 of 2014 and presently pending before the learned Chief Judicial Magistrate, Jalpaiguri. In the said case, the petitioner is released on bail. On completion of investigation police submitted charge-sheet against the petitioner and other accused persons on 25th June, 2016 before the court of the learned Chief Judicial Magistrate. It is submitted by the petitioner that the

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