DIPAK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of the proceeding in NGR Case No. 571 of 2021 under Section 110 of the Code of Criminal Procedure pending before the learned Special Executive Magistrate, Bidhannagar Police Commissionerate including the order dated 24.05.2021 passed by the learned Executive Magistrate.

(2.) Learned counsel appearing on behalf of the petitioner submits as follow. Even before an enquiry could be held, the petitioner was taken into custody in respect of a proceeding under Section 110 of the Code. The petitioner is a daily wage earner and is on bail in connection with all the cases that had been mentioned in the proceeding. The order dated 24.05.2021 is absolutely bad in law because, among other things, the order did not specify the nature, character and class of sureties to be furnished and amount of bond that was to be executed. These kinds of orders are being passed regularly with utter disregard to the provisions of law and poor people from vulnerable sections are picked up and slapped with charges at the whims of the establishment.

(3.) Learned counsel appearing on behalf of the State submits as follows. The petitioner is a habitual offender having serious allegations levelled against him in several other cases, including charges of grievous hurt, attempt to murder, molestation, kidnapping and provisions of the Explosive Substances Act. It is true that there may be some technical errors in the order passed by the learned Executive Magistrate directing the petitioner to execute good behavior bond. Keeping this matter pending will only enable the petitioner to commit more mischief. Therefore, the application may be disposed of by setting aside the impugned order, but granting liberty to the authorities to proceed from the same stage in accordance with law.