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2013 DIGILAW 215 (CAL)

SARIT KUMAR SARKAR v. STATE OF WEST BENGAL

2013-04-26

DIPANKAR DATTA

body2013
JUDGMENT 1. Report has been filed by the Inspector-in-Charge, Baruipur Police Station. The same shall be retained with the records. 2. It appears therefrom that the FIR named accused person Ashim Kr. Sarkar was arrested on 05.01.2013 and forwarded to the Court of the learned Additional Chief Judicial Magistrate, Baruipur. The other accused persons surrendered before the said Magistrate on 25.03.2013 and were granted bail. It is also evident that investigation of Baruipur P.S. Case No. 886 dated 12.08.2012 under sections 448/ 451/ 452/ 504/ 323/ 324/ 343/ 365/ 380/ 384/ 427/ 506(ii)/ 387/ 34 of the Indian Penal Code has since culminated in filing of charge-sheet vide Baruipur P.S. Charge-sheet No.335 of 2013 dated 19.04.2013 under sections 448/451/452/504/323/324/343/365/384/427/506(ii)/387/34 of the Indian Penal Code against all the FIR named accused persons. 3. Sk. Oil Mohammad, learned advocate appearing for the petitioner submits that Ashim Kr. Sarkar was not arrested but that he had surrendered and further that the prayers for bail of the other accused persons have not been opposed by the Public Prosecutor and, therefore, this is a fit and proper case for a probe being launched in respect of the conduct of the police officers. 4. I am afraid, I cannot agree with Sk Oli Mohammad. If at all the Public Prosecutor did not oppose the prayer for bail facilitating orders being passed allowing the prayers of the accused person, the petitioner must approach the appropriate forum with prayers for cancellation of bail. 5. On a writ petition, no direction can be passed on the grievance of the petitioner in this behalf. 6. However, since the petitioner perceives a threat to his life, it shall be the duty of the Officer-in-Charge, Baruipur Police Station, to secure the life of the petitioner as well as the lives of his family members. It is further made clear that the said officer-in-charge shall be responsible if the accused persons inflict any physical harm on the petitioner and for his family members. 7. The writ petition stands disposed of, without costs. 8. Needless to observe, the petitioner shall be free to pursue his remedy in accordance with law. 9. Let a photocopy of this order be issued to the learned advocate for the petitioner, duly countersigned by the Assistant Registrar (Court), on the usual undertaking.