IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH W.P.A. No. 31014 OF 2024 Priyangu Pandey versus The State of West Bengal & Ors.

For the Petitioners : Mr. Rajdeep Majumder, Sr. Adv., Mr. Moyukh Mukherjee, Adv., Mr. Abhijit Singh, Adv., Ms. Sagnika Banerjee, Adv.

For the State-Respondents : Mr. Kalyan Bandopadhyay, Sr. Adv., Mr. Jayanta Samanta, Adv., Mr. Biplab Guha, Adv., Mr. Rahul Singh, Adv., Mrs. Reshma Chatterjee, Adv.

Heard On : 18.03.2025 Judgement On : 03.04.2025 Tirthankar Ghosh, J. :

The present writ petition has been preferred challenging the continuance of Bhatpara Police Station Case No. 708/24 dated 21.12.2024 which was registered for investigation under Sections 126(2)/

121(1)/132/115(2)/118(1)/351(2)/189(2)/221 of Bharatiya Nyaya Sanhita

2023, against the petitioner along with others.

The allegations made in the written information submitted by one Asrajul Islam, Sub-Inspector of Police attached to Detective Department, Barrackpore Police Commissionerate were to the effect that they had been to the security office of the building situated at the garage of multi-storeyed Building and were interacting with the security namely one Madhusudan Dutta, certain individuals identified themselves as flat owners, including one individual claiming to be the Secretary of the Flat Owners Committee namely Chandan Kumar Shaw, who challenged the investigation and behaved uncooperatively despite being informed that the case was registered by the Chairman of Bhatpara Municipality and was being investigated. The investigating team was not allowed to continue the investigation and the accused person warned that the investigation team will not be allowed to visit the place of occurrence. When efforts were made to serve a notice under Section 179 of BNSS, to the individuals they became violent, used filthy and abusive language and obstructed the Police Officer from discharging their duty. Several persons including outsiders and women assembled at the garage area and inspite of repeated attempts to explain the legal necessity of investigation their behaviour escalated into a riotous situation. Assistance was sought from the Officer-in- Charge Bhatpara Police Station, who arrived at the spot with accompanying officer and additional force, however, after repeated efforts by the Officer-in- Charge to pacify the situation, the individuals, including several women, continued their riotous behaviour and attacked the police thereby physically assaulting police personnel. Some of the accused persons injured the Police personnel by biting and also dragged the Officer-in-Charge by his uniform. This resulted in injuries to several officers and force including the Investigating Officer SI Asrajul Islam, Inspector Debasish Sarkar and Inspector Abid Hasan of Detective Department Barrackpore Police Commissionerate as also Shri Ardhenu Sekhar Desarkar, Officer-in-Charge Bhatpara Police Station, Sub- Inspector Subrata Mondal of Bhatpara Police Station, Sub-Inspector Souvik Biswas of Bhatpara Police Station, THG 890 Sumit Kumar Mondal, Constable No. 481 Ranjit Das, I.C. 2480 Jasmina Biswas, Constable 1549 Amit Sasmol, who were accompanying police personnel. The Officer-in-Charge, Bhatpara Police Station in order to restore peace arrested two accused persons namely Ashis Kumar Shaw and Chaman Singh for obstructing the Police Officers discharging in their lawful duties and assaulting public servants for disruption of the investigation process when the other accused persons namely Chandan Kumar Shaw, Priyangu Pandey and Ananda Pandey fled away. He therefore requested the Officer-in-Charge of Bhatpara Police Station to take legal action under Sections 126(2)/121(1)132/115(2)/118(1)/351(2)/189(2)/221 of BNS 2023 against arrested accused persons namely Ashis Kumar Shaw, Chaman Singh and also against accused Chandan Kumar Shaw, Priyangu Pandey and Anand Pandey.

Mr. Majumder learned Senior Adv