Binod Kumar Singh Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Binod Kumar Singh Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revisional application disposed of: no interference with the murder investigation; police permitted to serve a further Section 179 BNSS notice with sufficient time to comply; further investigation entrusted to the Detective Department of the Barrackpore Commissionerate under the Commissioner's supervision; urgent photostat certified copy to be supplied expeditiously if applied for.

Issue for consideration

Whether the Court should interfere with the ongoing investigation of the Naihati murder case, in which the petitioner had been served notices under Section 179 BNSS and apprehends harassment at the instance of politically influential persons. +1 more

Court's answer

As this is a murder case, the Court finds no reason to interfere with the investigation.

Ratio / Principle

The materials available in the case diary warrant that the petitioner responds to the notice.

Key takeaways

The police are at liberty to issue a further notice under Section 179 of the BNSS upon the petitioner, giving him sufficient time to comply.ratio¶11
Considering the gravity of the allegations and to allay fears of local pressure, the investigation shall be conducted further by the Detective Department of the Barrackpore Commissionerate under the supervision of the Commissioner.ratio¶12

Detailed headnote1 paragraphs

CRR 1532 of 2025 (Jay Sengupta, J., 16.04.2025): In a Naihati murder investigation, the petitioner, served twice with notices under Section 179 BNSS, sought protection alleging harassment at the instance of politically influential persons. The State relied on the case diary and the victim's mother's Magistrate-statement implicating the petitioner's acquaintance with the culprits, noting his non-compliance beyond an emailed reply. The Court held it would not interfere with a murder investigation; the case diary warranted the petitioner's response; the police were at liberty to serve a further Section 179 BNSS notice giving sufficient time; and, given the gravity of the allegations and to allay fears of local pressure, the investigation was to be conducted further by the Detective Department of the Barrackpore Commissionerate under the Commissioner's supervision. The revisional application was disposed of.

102 16.04.2025 NB

CRR 1532 of 2025

Ct. No. 28 In the matter of:- Binod Kumar Singh …petitioner

Mr. Pritam Majumdar, Mr. Mainak Singha Barma. …for the petitioner.

Mr. Debasish Roy ld.PP., Mr. Arijit Ganguly, Ms. Mamata Jana. …for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is in no way acquainted with the facts regarding a murder that took place sometime ago in Naihati. Yet, a notice was sent to him by the police under Section 179 of the BNSS. He substantially complied with the same. But, another notice was sent to him to appear on 02.04.2025. Due to some exigent circumstances, the petitioner could not appear. However, the petitioner apprehends that such actions are being taken only to harass the petitioner at the instance of some politically influential persons.

Learned Public Prosecutor representing the State denies the allegations, relies on the case diary and submits as follows. There is a statement of the mother of the victim made before a Magistrate which claimed that the petitioner was very well acquainted to the alleged culprits. In spite of this, only a notice was sent under Section 179 of the BNSS. But, the petitioner did not comply with the same and only sent a written response by email.

This is a murder case and I do not find any reason to interfere with the investigation of the same.

The materials available in the case diary warrant that the petitioner responds to the notice.

2

The police, therefore, shall be at liberty to issue a further notice under Section 179 of the BNSS upon the petitioner asking him to comply with the same, but giving him sufficient time to do so.

However, considering the gravity of the allegations and to allay fears of a local pressure, let the investigation be conducted further by the Detective Department of the Barrackpore Commissionerate under the supervision of the Commissioner.

With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)