PARAG MAJMUDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the basis of a complaint in writing made to the Officer in- Charge of Shakespeare Sarani Police Station by one Shafique Ahmed, a case under Section 147/148/149/379/448/506/120B of the Indian Penal Code was started against the petitioner and 50/60 others and initially the investigation was undertaken by the officers attached to the said Police Station. Subsequently pursuant to an order of the Joint Commissioner of Police (Crime), Kolkata Police, the investigation of the case was transferred to the Antirowdy Section, Detective Department, Kolkata Police. The Antirowdy Section Detective Department took over the charge of the investigation on November 15, 2013 and on the very next date i.e. November 16, 2013 the police made a prayer before the learned Chief Metropolitan Magistrate for adding Section 120B/148/149/395/397 IPC read with Sections 25(1B)(a)/27 of the Arms Act instead of the penal provisions for which the FIR was registered. The learned Court below allowed such prayer.

(2.) Aggrieved by the said order, the petitioner, who is one of the accused in the matter, has brought this criminal revision before this Court.

(3.) It was contended by the learned Advocate of the petitioner that the order impugned was completely illegal, erroneous and improper. According to him, it would be evident on the face of the order that the Court below mechanically allowed the prayer of the investigating officer, without first considering, as to whether such prayer was justified against the materials on record and there was no foundation for adding penal provisions relating to more grievous offences and thus the impugned order ought to be annulled.