DEBASISH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 401 and 397 read with section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the proceeding of complaint case no. 1881 of 2014 dated June, 19, 2014 for the offence punishable under Sec. 323/325 and 330 of the Indian Penal Code against the petitioner pending in the Court of Additional Chief Judicial Magistrate, Alipore. The petitioner is now discharging his duties as the assistant commissioner of police of the eastern Subarban division in Calcutta. The opposite party no. 2 has implicated the petitioner in the afore mentioned complaint case no. 1881 of 2014. The petitioner allegedly assaulted opposite party no. 2 while he was in custody and ultimately opposite party no. 2 was released on bail by learned Additional Chief Judicial Magistrate on 14.12.2013. The opposite party no. 2 was thereafter treated at Bangur hospital on 15th Dec., 2013. The matter was reported to the superior officers of the petitioner but the superior officers of the petitioner did not pay any heed to the complaint of the opposite party No. 2.

(2.) Long thereafter in the month of June, 2014 the opposite party no. 2 filed the petition of complaint against the petitioner stating inter-alia that the opposite party no. 2 was subjected to assault during his custody under police and learned Additional Chief Judicial Magistrate after going through the statements of opposite party no. 2, had issued summons upon the petitioner in connection with the case. The specific case of the petitioner is that the petitioner has been falsely implicated in such complaint case out of malice and that opposite party no. 2 never complained of any such assault on his person while he was produced before the learned Magistrate and he was never treated by any doctor during his custody under the police. The daughter of opposite party No. 2, Smt. Suparna Ghosh had also lodged a complaint against Arun Saha and others on 14.01.2013 but she also did not make any allegation against the present petitioner with regard to alleged assault on the person of the opposite party no. 2. The opposite party no. 2 was duly examined by a medical practitioner during his custody under police but the doctor did not find any injury on the person of opposite party no. 2 and opposite party no. 2 also did not make any allegation against the present petitioner before learned Magistrate. The further case of the petitioner is that the petition of complaint has been wrongly entertained by learned Additional Chief Judicial Magistrate, Alipore since learned Magistrate did not consider that such petition of complaint is not maintainable for not obtaining sanction under section 197 of the Code of Criminal Procedure, 1973 against the petitioner.

(3.) Learned Advocate appearing on behalf of the petitioner contended that the petitioner was posted as additional officer in charge of Jadavpur police station on the fateful date and the petitioner had no occasion to deal with the case under reference, in which the opposite party no. 2 was arrested. Secondly, the entire complaint reveals that there was excess in connection with investigation of a criminal case. The petitioner was duly discharging his official duty and he was in no way connected with the alleged offence. Learned Advocate appearing on behalf of the petitioner further contended that the entire petition of complaint is not maintainable for not obtaining sanction under section 197 of the Code of Criminal Procedure, 1973 against the present petitioner, who was then posted as officer in charge of Jadavpur police station. Previous sanction is necessary to file such a petition of complaint against the petitioner.