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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Rakhi Mitra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The petitioners in the instant case have been arraigned and implicated in the criminal proceedings being GR Case No. 388/2021 arising out of Park Street Police Station Case No. 42 dated 29.03.2021 under Sections 283/188 of the Indian Penal Code, 1860, presently pending before the Court of the Learned 9th Metropolitan Magistrate at Calcutta. The petitioners have preferred this Criminal Revisional application under Section 482 of the Cr.P.C., thereby seeking quashing of the proceeding.
2. The brief facts of the case are that the petitioner no. 1 was the State Secretary of Mahila Morcha of an opposition party of the State, and petitioner no. 2 was the candidate for the Ballygunge Assembly constituency belonging to the same opposition party. On 29th March, 2021, in the afternoon, the petitioners, along with some party workers, had gone to offer prayers at the Mallickbazar Kali Temple. While on the street near the Temple, they were attacked by a mob of around 50-60 miscreants. They attacked and pushed the petitioner no. 2 to the ground. They also molested and pushed the petitioner no. 1 to the ground. Petitioner no. 1 and other party workers suffered seve
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(1) Continued detention of 14 days – The applicants have been in custody for 14 days, today being the 14th day and the continued custody of the applicants in jail is not called for only because some ....
Compliance with procedural safeguards in arrest as established in Arnesh Kumar is crucial, particularly for offenses punishable with imprisonment of less than seven years; violations can infringe fun....
Arrest – Non-service of mandatory Section 41A notice may vitiate arrest.
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