Disposed¶13

Md. Ezazullah @ Md. Ejazullah and Others v. State of West Bengal and Anr.

Calcutta HC5 Feb 2024CRR/230/2024

Case brief

AI extract

What is this about?

CRR 230 of 2024; Md. Ezazullah @ Md. Ejazullah; Kolkata Leather Complex Police Station Case No. 110 of 2023 dated 24.8.2023; Section 144(2) CrPC; Section 41A CrPC; Section 173 CrPC; Deputy Commissioner of Police Eastern Suburban Division; Superior Officer of police; case diary; non-interference at this stage; representation; Tirthankar Ghosh, J.; Calcutta High Court; 05.02.2024.

What did the court decide?

No interference with the proceedings at this stage; petitioners free to submit a representation to the Deputy Commissioner of Police, Eastern Suburban Division, with a hearing by the superior police officer within a week, instructions to the investigating officer recorded in the case diary, and reasons (including the superior officer's findings) to be stated in the report under S. 173 CrPC. ¶13

Md. Ezazullah @ Md. Ejazullah and Others Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the Court should interfere at this stage in the criminal proceedings against the petitioners (police case under investigation), the petitioners asserting possession of the property and claiming the case was foisted upon them.

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Court's answer

After considering the submissions of counsel for the petitioners and the issues relating to questions of fact, the Court decided not to interfere at this stage.

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Ratio / Principle

The petitioners are at liberty to take up the issues by making a representation to the Deputy Commissioner of Police, Eastern Suburban Division.

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Key takeaways

A hearing is to be afforded by the Superior Officer of police within a week from filing of such representation.ratio¶11
Necessary instructions are to be given to the investigating officer by the Superior Officer of police and incorporated in the case diary.ratio¶11
When filing the report under S. 173 CrPC, the investigating officer must also state reasons for the finding, including the findings of the superior officer of police.ratio

Detailed headnote1 paragraphs

Calcutta High Court (single member, Tirthankar Ghosh, J.), 05.02.2024: CRR 230 of 2024 filed by Md. Ezazullah @ Md. Ejazullah & Ors., who claimed possession of property and alleged that Kolkata Leather Complex Police Station Case No. 110 of 2023 dated 24.8.2023 was foisted upon them; they had been served notices under S. 41A CrPC, and an earlier S. 144(2) CrPC application by the private opposite party no.2 had been interfered with. Considering submissions and questions of fact, the Court did not interfere at this stage but disposed of the CRR directing: (i) liberty to the petitioners to represent to the Deputy Commissioner of Police, Eastern Suburban Division; (ii) a hearing by the Superior Officer of police within a week of filing; (iii) instructions by the Superior Officer to the investigating officer, to be incorporated in the case diary; and (iv) the investigating officer to record reasons, including the superior officer's findings, in the report under S. 173 CrPC.

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05.02.2024

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Serial no. 4 [G.S.D]

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CRR 230 of 2024

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In the matter of : Md. Ezazullah @ Md. Ejazullah & Ors.

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… … Petitioners

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Mr. Dipanjan Dutt Mr. Khalid Ali … for the petitioners Mr. Surojit Saha

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Ld. advocate for the petitioners submits that the petitioners are in possession and earlier the private opposite party no.2 preferred an application under section 144(2) of the cr.p.c., which was interfered with and the petitioners thereafter instituted the present case, which was registered as Kolkata Leather Complex Police Station Case No. 110 of 2023 dated 24.8.2023. Ld. advocate summits that the petitioners have been served with notices under section 41A of the cr.p.c.

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It has been additionally submitted that the petitioners are in possession of the property for which unnecessarily a criminal case have been foisted upon them.

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Having considered the submissions advanced by the ld. advocate appearing for the petitioners and the issues relating to the question of facts, I am not inclined to interfere at this stage.

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However, the petitioners would be at liberty to take up the issues by a representation being made to the Deputy Commissioner of Police, Eastern Suburban Division. A hearing may be afforded by the Superior Officer of police within a week from filing of such representation. Necessary instructions be given to the investigating officer by the Superior Officer of police and the same may be incorporated in the case diary.

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At the time of filing the report under section 173 of the cr.p.c., the investigating officer will also give reasons regarding the finding as also the findings of the superior officer of the police.

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With the aforesaid observations, CRR 230 of 2024 is disposed of.

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Pending application, if any, is also disposed of.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Md. Ezazullah @ Md. Ejazullah and Others v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Md. Ezazullah @ Md. Ejazullah and Others v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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