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TIRTHANKAR GHOSH
Bikash Bej – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The revisional applications being CRR 1474 of 2024 and CRR 1510 of 2024 involve common question of facts and law and arise out of the same case, as such both of them are decided and disposed of by a single order.
2. The revisional applications have been preferred for quashing of the notices dated 03-04-2024 issued under Section 160 of the Code of Criminal Procedure by the Central Bureau of Investigation, SCB, Kolkata in connection with RC0562021S0052 dated 21-12-2021 under Sections 302/34 IPC.
3. The background of the case refers to the order passed by the Hon’ble High Court, Calcutta in WPA No 16932 of 2021 which is related to post poll violence and wherein Marishda PS Case No. 71 of 2021 dated 30-03-2021 was transferred to the CBI pursuant to the order dated 31.01.2023.
4. Accordingly, the case was re-numbered as above and the investigation of the case commenced at the instance of the CBI, SCB, Calcutta.
5. At the time of hearing of the revisional application, the Central Bureau of Investigation has submitted a report and a copy of the chargesheet has also been filed. The brief facts of the case as set out in the chargesheet are as follows :-
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.
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 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....
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 evidence for summoning an accused under Section 319 Cr.P.C should be based on the allegations in the FIR and the deposition during trial, rather than on the statement made under Section 161 Cr.P.....
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....
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