SK ARWAR ALI Vs. STATE

JUDGEMENT

(1.) This petition filed under Section 439, Cr. P. C. read with Section 482 ibid for bail of the petitioner in the perspective of his arrest in connection with Rajkot City 'B' Division P. S. Case No. 152 of 1996, dated 14-5-96 under Sections 363, 366 120-B, 109 of I. P. C. and stay order against the order dated 22-8-96 passed by the Ld. S.D.J.M.. Sadar Hooghly over an application by the Court Inspector, Chinsurah, Hooghly for removal of the petitioner-accused to Gujarat following an application submitted to O.C., Dadpur P.S., Dt. Hooghly by one Bachhulal M. Sharma alleged to be an A.S.I. of Rajkot City 'B' Division P. S. in connection with that case, and an order of the learned C.J.M., Hooghly, dated 22-896 transferring the case to the learned S.D.J.M., Hooghly and an order of the learned S.D.J.M., dated 22-8-96 directing removal of the petitioner for his production before the Ld. Magistrate having jurisdiction to try the case of Rajkot City 'B' Division P.S., is heard in presence of the learned advocates for the petitioner as well as the State.

(2.) In a nutshell the petitioner's case is that the petitioner is an old man suffering from various diseases natural with the old-age and is earning his livelihood as a Teacher-in-Charge in a High School in that locality. Of his 4 sons, the 4th one Bagbul Islam lives at Rajkot, Gujarat since long for earning his livelihood and comes to the house of the petitioner after long intervals. One Bachhulal M. Sharma, alleged to be an A.S.I. of Rajkot P.S. came to the house of the petitioner at Hooghly in the last week of June, 1996 and told him that Bagbul Islam married a Gujarati woman at Rajkot. The petitioner received a letter from S.I. of Police C.I.D., West Bengal, Serampore D.D. requiring his presence before that S.I. on 9-8-96 and again three days thereafter. The petitioner met the Police Officer despite his physical troubles, but the Police Officer continued to harass the petitioner by calling him to P.S. again and again, although he made it clear to the Police Officer that he did not receive any information about his 4th son, Bagbul since long and was not aware of his whereabouts. On 21-8-96 the petitioner was summoned by O.C., Dadpur P. S. over that enquiry regarding Bagbul and when he went to O.C. Dadpur P.S. on 21-8-96 he was taken to custody all of a sudden and forwarded to the learned C.J.M., Hooghly on 22-8-96. On his production before the learned C.J.M., he found that a police officer, allegedly from Rajkot, submitted an application before the learned C.J.M. in Hindi, without any seal or stamp, and without production of warrant of arrest from any Court. The learned C.J.M., Hooghly transferred the matter to the learned S.D.J.M., Hooghly (Sadar) and after hearing the bail prayer filed by the petitioner the learned S.D.J.M., Sadar Hooghly held that as he did not have any jurisdiction over the matter and the matter was forwarded to him by the learned C.J.M. his hands were tied up and as such he was directing for removal of the petitioner to Rajkot for production before the Magistrate having jurisdiction. The petitioner prays for bail in connection with this matter of Rajkot City 'B' Division P.S. Case No. 152 of 1996 and for stay of the order of the learned Magistrate dated 22-8-96 directing removal of the petitioner to Rajkot P.S.

(3.) We have heard Sri Dilip Dutt, learned Senior advocate for the petitioner who enunciates the provisions of law as laid down in Sections 41, 48, 50, 57, 78, 157 and 167 Cr.P.C. and relies on the ruling reported in 1994 SCC (Cri) 1172 : (1994 Cri LJ 1991). On behalf of the State learned P.P.-in-Charge produces some applications alleged to be filed by one A.S.I., Rajkot City 'B' Division P.S. before O.C., Dadpur P.S., in Hindi without any translation or transliteration thereof, along with true copy of Dadpur P.S.G.D. Entry No. 1371, dated 21-8-96, No. 1372, dated 21-8-96, No. 1158, dated 31-5-96, No. 1167, dated 31-5-96 and certain messages requiring production of relevant documents before the learned P.P. The State also produces an unsigned application sent to the learned P.P. High Court, Calcutta in connection with that matter, wherefrom it appears that no. P.S. Case over the matter was started at Dadpur P.S. and in spite of conducting raid in the house of the petitioner at Hodla, the I.O. that is A.S.I. Bachhulal M. Sharma of Rajkot P.S. (sic). On some previous occasions the accused Bagbul Islam could not be traced and the T.O. stated that the petitioner, that is, the father of Bagbul helped the accused person to escape and as such he was liable for prosecution under Section 120-B IPC read with Sections 363, 366 of the same Code and as such the petitioner was taken to custody.