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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Sirajul Islam Gharami – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JAY SENGUPTA, J.
1. While WPA 14479 of 2023 is an application for direction upon the CBI or the NIA for registration of FIR and investigation into the offences alleged, the application being WPA 16254 of 2023 pertains to providing of police protection in respect of post-poll violence.
2. Learned senior counsel appearing on behalf of the petitioners has submitted and has relied on the written notes as follows. The petitioner and his supporters prior to the Panchayat Elections, 2023 which were scheduled to be held in July, 2023 had decided to file their nominations as independent candidates. Accordingly, on 14.06.2023 at about 11.15 a.m. the petitioner along with other candidates and supporters were on their way to file nominations in respect of Panchayat Election, 2023 in Canning Block No. 1; however, en-route they found that about 600 persons who are supporters and cohorts of the local M.L.A. namely, Paresh Ram Das (respondent no.7) being armed with deadly weapons including firearms, bombs, wooden stick, iron rods, etc. were present in front of the office of the Block Development Officer. At the behest of the local MLA (respondent no.7), such persons had gathered to obstruc
The registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.
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The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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