JUDGMENT :

(Partha Sarathi Sen, J.) :

1. The instant case as arises out of an application under Section 439 of the Code of Criminal Procedure, 1973, is taken up for passing judgement.

2. In course of hearing Ms. Dutta, learned advocate for the accused-petitioners has handed up to us photocopies of the memos of arrest in the names of the present two accused persons. Drawing attention to column 10 of the said two memos of arrest, it is argued by Ms. Dutta, learned advocate for the petitioner that in the said column no.10 at the place of signature of the witnesses (either a member of the family or a respectable person of the locality) one lady constable (L/C 76), Rama Nag has put her signature. It is contended on behalf of the petitioner that considering the fact that the alleged arrest of the aforesaid two accused persons has been done at day time and that too in a public place, there cannot be any justification on the part of the prosecution in not obtaining either the signature of a family member or of a respectable person of the locality on such memos of arrest instead of a lady constable while from the seizure list it would transpire that the said seizures had taken place on the s