RANJIT ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two revision cases arise out of same transaction and so they arc taken up together for hearing. On 24th October, 1985 at about 3.30 p.m. there was some disturbance over the apprehension of one person, who was said to be wanted in connection with a Lake P.S. It is alleged by the petitioner in Revision Case No. 883 of 1985 that as the police men were in a plain dress, he asked them to disclose their identity. According to the allegation of Ranjit Roy, the petitioner in Revision Case No. 883 of 1985, two police personnel then began to assault him and bodily lifted him. It is said that he fell unconscious and ultimately on regaining consciousness, found that he was inside the Lal bazar Police Station. Then, it is further alleged by the petitioner in Criminal Revision Case No. 883 of 1985, the police personnel began to assault severely. There are other allegations but it is not necessary to go into such details for this hearing. Ultimately the petitioner in Criminal Revision Case No. 883 of 1985 filed a complaint on 61.1984 against the petitioner in the other revision case. The learned Metropolitan Magistrate issued against the two of the police persons against Runu Guha Neogi, the petitioner in Criminal Revision Case No. 1594 of 1985. Ranjit Roy moved the High Court and ultimately in pursuance of the order of the High Court processes were issued against Runu Guha Neogi also. Evidence began. The petitioner was examined. In the meantime, charge sheet was submitted against Ranjit Roy in connection with other side of the incident. It was alleged against Ranjit Roy that he stood in the way of apprehending a veteran criminal wanted in connection with lake P.S. and caused serious disturbances, which ultimately brought a near riot situation. Thus two cases arise out of same transaction-in one case the complainant is Ranjit Roy and in the other case Ranjit Roy is in the position of an accused on the basis of the charge sheet submitted by the police.

(2.) These, in short, are the facts of the case.

(3.) Mr. Arun Prakash Chatterjee, the learned Standing Counsel has appeared for Ranjit Roy, the petitioner in Criminal Revision Case No. 883 of 1985.