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2022 DIGILAW 780 (CAL)

Suvendu Adhikari v. State Of West Bengal

2022-05-19

RAJASEKHAR MANTHA

body2022
ORDER 1. Heard Mr. Billwadal Bhattacharyya led by Mr. Paramjit Singh Patwalia, learned Senior Advocate and Mr. Samrat Sen, learned Senior Advocate for the parties. 2. Mr. Bhattacharyya submits that on the said date about huge contingent of police personnel numbering about 100 odd had forcibly entered into the writ petitioner's premises under the guise of search and seizure. Despite repeated requests, the leader of the search party and/or police personnel did not indicate as to the case under which the petitioner's house being searched and the purpose thereof. The said police personnel are stated to have remained in the petitioner's premises for about an hour and had left thereafter as suddenly as they came in. 3. Admittedly the petitioner is the leader of the opposition in the State. A large number of proceedings have been instituted by the petitioner to challenge State action for which called for interference by this Court. 4. Mr. Samrat Sen, learned Senior Advocate appearing for the State has submitted that the police were looking for a lady called Mouha Jana Paul, who is the manager of the Tamluk Cooperative Agriculture Development Bank. The said person and her husband are accused in criminal proceedings. The petitioner's house was raided allegedly under Section 47 of the CrPC, on information received that the said Mouha Jana Paul was hiding in the petitioner's residence. 5. Mr. Sen has also indicated that the petitioner is neither an accused nor a named witness in the said case. The petitioner was not even required under Section 160 of the CrPC. 6. This Court directs the Superintendent of Police, Purba Medinipur to file a report indicating the circumstances under which the petitioner's house was raided on 15th May 2022 at 04:15 pm. 7. The report of the Superintendent of Police, Purba Medinipur should indicate the entire chain of events and facts and circumstances relating to the raid. 8. Mr. Sen submits that the police do not need the petitioner as of now. In the event, however, the police require any participation or input from the petitioner in this regard, formal leave of this Court shall be sought. 9. Let the report of the Superintendent of Police, Purba Medinipur as directed herein above be filed before this Court on 14th June 2022 when the matter be listed again.