CENTRAL BUREAU OF INVESTIGATION Vs. RATHIN DANDAPATH

JUDGEMENT

(1.) By filing CRR 1510 of 2014 the petitioner challenges the Order impugned dated 30th of April, 2014 passed by the ld. Additional Chief Judicial Magistrate (for short ACJM), Jhargram, Paschim Medinipur in Lalgarh P.S. Case no.4/11 dated 7th January, 2011 (GR 21/2011) corresponding to CBI Case no. RC3/S/2011 u/s 148/149/326/307/302 of the Indian Penal Code and Sections 25/27 of the Arms Act. 1. By the said order impugned dated 30th of April, 2014 the ld. ACJM was pleased to consider the prayer of the CBI for police custody of the above mentioned opposite parties. The ld. ACJM was of the view that having regard to the fact that investigation of the case has already been completed in the year 2011 and the accused persons are named in the chargesheet, the prayer of the CBI for police custody is not justified at this stage. The ld. ACJM was therefore pleased only to allow judicial custody of the opposite parties and their interrogation in presence of their ld. Lawyer. The ld. ACJM was of the further view that in connection with the said case the trial of 12 accused persons is presently continuing before the ld. Sessions Court.

(2.) Sri Ali, ld. Counsel appearing for the CBI submits that the case relates to a serious incident at Netai village, Paschim Medinipur which occurred on 7th January, 2011. At least 9 people were killed and at least 28 suffered bullet injuries attributed to indiscriminate firing made by an unlawful assembly of the accused persons from the rooftop of the house of one of the opposite parties namely, Rathin Dandapath.

(3.) Fir was registered on the 7th of January, 2011 under the aforementioned sections of the IPC and the Arms Act and by Order of the Hon'ble High Court dated 18th February, 2011 in WP 1170(W) of 2011 with WP 1172 (W) of 2011 and WP1181 (W) of 2011 the investigation of the case was transferred to CBI. In the course of investigation several of the accused persons were arrested and charge sheet was submitted on the 4th of April, 2011 against the said accused persons including the present opposite parties.