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Mostafijur Rahaman Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2024)

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Calcutta HC
2024
Mostafijur Rahaman Vs State of West BengalMostafijur Rahaman v. State of West Bengal

Dismissed¶¶14

Mostafijur Rahaman v. State of West Bengal

Calcutta HC22 Jul 2024CRM (A)/1794/2024

Case brief

AI extract

What is this about?

Mostafijur Rahaman | CRM (A) 1794 of 2024 | anticipatory bail rejected | section 438 Code of Criminal Procedure | Sections 406/420 Indian Penal Code | Nowda Police Station Case No.02 of 2024 dated 04.01.2024 | non-cooperation with investigation | adjourned twice to meet I.O. | interim protection not extended | Soumen Sen J. | Uday Kumar J. | Court No.29 | 22.07.2024 | parties to act on server copy downloaded from official website

What did the court decide?

From the record it was found that the petitioner has not cooperated with the investigation. ¶¶11

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Nowda Police Station Case No.02 of 2024, and in particular whether the interim protection already extended should be continued.

Ratio / Principle

From the record it was found that the petitioner has not cooperated with the investigation.

Key takeaways

Although the matter was adjourned twice to enable the petitioner to meet the Investigating Officer and facilitate the investigation, his continued non-cooperation led the Court to decline to extend the interim protection.ratio¶¶12
On that basis, the application for anticipatory bail under section 438 CrPC stands rejected.ratio¶¶14

Detailed headnote1 paragraphs

Anticipatory bail application under section 438 CrPC by Mostafijur Rahaman in connection with Nowda Police Station Case No.02 of 2024 dated 04.01.2024 (Sections 406/420 IPC) rejected on 22.07.2024 (CRM (A) 1794 of 2024). The petitioner had not cooperated with the investigation, and although the matter was adjourned twice so that he could meet the Investigating Officer, the Court declined to extend the interim protection and rejected the application. Bench: Soumen Sen, J. and Uday Kumar, J.

A

22.07.2024 SL No.4 Court No.29 (gc) (Rejected)

CRM (A) 1794 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Nowda Police Station Case No.02 of 2024 dated 04.01.2024 under Sections 406/420 of the Indian Penal Code.

And

In the matter of : Mostafijur Rahaman

Petitioner.

Md. Golam Nure Imrohi, Mr. Susnigdho Bhattacharyya, Ms. Arundhuti Barai

….For the Petitioner. Ms. Anasuya Sinha, Ld. A.P.P., Mr. Soham De Dhara

.…For the State.

Heard the learned Counsel for the parties.

From record it is revealed that the petitioner has not cooperated with the investigation.

The matter was adjourned twice in order to enable the petitioner to meet the I.O. and facilitate the investigation.

In view thereof, we are not inclined to extend the interim protection.

Accordingly, the application for anticipatory bail stands rejected.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.)

(Uday Kumar, J.)

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner in connection with Nowda Police Station Case No.02 of 2024, and in particular whether the interim protection already extended should be continued.¶¶13

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure438¶¶3
Indian Penal Code406/420¶¶3

Procedural history

How this case reached the court

AI extract

Prior proceeding
Police station case registered: Nowda Police Station Case No.02 of 2024 dated 04.01.2024, under Sections 406/420 IPC, with which the bail application is connected.¶¶3
Prior proceeding
Application for anticipatory bail under section 438 of the Code of Criminal Procedure filed by the petitioner in connection with the above case.¶¶3
Prior proceeding
Interim protection had been in operation during the pendency of the application.¶¶13

Parties & counsel

AI extract

petitioner
Mostafijur Rahaman¶¶5
Md. Golam Nure Imrohi, Susnigdho Bhattacharyya, Arundhuti Barai
respondent
The State¶¶9
Anasuya Sinha, Soham De Dhara

Coram

AI extract

Soumen Senmember¶¶16
Uday Kumarmember¶¶17

Case details

As recorded by the court registry

Court: Calcutta HC
Decided on: 22 Jul 2024 · July
Registered: 16 May 2024
Case no.: CRM (A)/1794/2024
CNR: WBCHCA0266062024
Topic: Cheating and Forgery
Bench: Soumen Sen Uday Kumar
Disposal: REJECTED
Case type: CRM (A)

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Cite this judgement

Mostafijur Rahaman v. State of West Bengal, CRM (A)/1794/2024 (CAL), decided on 22 July 2024.

The Calcutta High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Criminal Procedure438
Indian Penal Code406/420

View all statutes

Procedural history3

Police station case registered: Nowda Police Station Case No.02 of 2024 dated 04.01.2024, under Sections 406/420 IPC, with which the bail application is connected.
Application for anticipatory bail under section 438 of the Code of Criminal Procedure filed by the petitioner in connection with the above case.

View full history

Bench / Coram

Soumen Sen and Uday Kumar

Parties & counsel