RAM CHANDRA PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application is moved by Mr. Rajdeep Majumder, learned Counsel for the petitioner with a prayer for setting aside of the impugned notices dtd. 4/7/2022, 5/7/2022, 23/7/2022, 6/8/2022 and 7/8/2022 issued to the petitioners under Sec. 160 of the Code of Criminal Procedure in connection with Contai P.S. Case No. 265 of 2022 dtd. 29/6/2022 corresponding to G.R. Case No. 1357 of 2022 under Sec. 406/409/420/467/468/471/477A/120B of the Indian Penal Code on the ground that the Police in the garb of a notice under Sec. 160 of the code of Criminal Procedure, is arresting persons during examination. Documents (G. R. 1357 of 2022 in connection with Contai P.S. Case No. 265 of 2022 dtd. 29/6/2022) relating to such an incident leading to such arrest made in respect of (accused) Alok Sahoo, have been filed by the petitioner.

(2.) Mr. Saswata Gopal Mukherjee, Learned Public Prosecutor submits that it is in due course of investigation that a notice under Sec. 160 of the Cr.P.C. is issued by virtue of power conferred upon the Police Officer (Investigating Officer) and if orders as prayed for by the petitioner is passed, it shall hamper proper investigation and thus will be an abuse of the process of court and also against the interest of justice.

(3.) It is further submitted that Sec. 160 Cr.P.C. empowers a Police Officer making an investigation under chapter XII of the code to requires the attendance of any person.....