Jayashree Devi v. State of West Bengal & Anr.
Case brief
What is this about?
In a criminal revision against an order treating a protest petition as a fresh complaint, the High Court of Calcutta set aside the order and directed the Magistrate to ensure further investigation by a different officer regarding allegations of police connivance in discharging a police personnel accused of assaulting the petitioner.
What did the court decide?
The order of July 25, 2019 was set aside. The Magistrate was directed to ask the investigating agency for further investigation by a different officer and a supplementary report.
What the court decided
IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE
Present:
The Hon’ble Justice Ajoy Kumar Mukherjee
C.R.R. 3066 of 2019
Smt. Jayashree Devi
-vs-
The State of West Bengal & anr.
| For the Petitioner : Mr. Mr. Ms. |
Saptarshi Roy Debrup Bhattacharya Kakali Das Chakraborty |
|---|---|
| For the State : Mr. Mr. |
Arijit Ganguly Bibaswan Bhattacharya |
| For the Opposite Party No.2 : Mr. Mr. |
Sabir Ahmed Mujibar Ali Naskar |
| Heard on : 13. |
6.2022 |
| Judgment on : 27. |
06.2022 |
Ajoy Kumar Mukherjee, J.
1. Being aggrieved and dissatisfied with the order dated July 25, 2019 passed by the learned Judicial Magistrate, 7th Court at Alipore in B.G.R. Case No.6089/2019 arising out of Maheshtala P.S. Case No. 775 of 2015 dated December 09, 2015 under Sections 447/325/354/506/34 of the Indian Penal Code directing to treat the protest petition as a complaint to deal with the same as required under Section 200 read with 202 of the Code of Criminal Procedure, the present revisional application has been preferred.
Issues for consideration
3 issues framed by the court
Whether the lower court erred in directing treatment of a protest petition as a fresh complaint instead of ordering further investigation in an existing proceeding.
Whether the investigating agency acting fairly in a case where a police personnel was accused of outraging modesty and assaulting the victim.
Whether the discharge of a police personnel accused of assaulting the victim despite eye witness statements warrants orders for supplementary investigation by a different officer.
Parties & counsel
- appellant
Smt. Jayashree Devi
- respondent
The State of West Bengal
Coram
Ajoy Kumar Mukherjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · June
- Registered
- Case no.
- CRR/3066/2019
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