Lawstreet Journal

Effort to Shield Real Culprits': Calcutta HC Initiates Departmental Proceedings Against Investigating Officer, Orders De Novo Probe [READ ORDER]

Lawstreet Journal 13 Jul 2021 6:42pm

Image courtesy: Lawstreet Journal Judiciary Effort to Shield Real Culprits': Calcutta HC Initiates Departmental Proceedings Against Investigating Officer, Orders De Novo Probe [READ ORDER]

On Friday (July,9,2021), the Calcutta High Court, when hearing a petition for quashing of the charge sheet, condemned the investigators for conducting a “biased, completely misleading and completely tainted” investigation to protect the actual criminals.

Therefore, a departmental proceeding was filed against the investigating officer, and the court ordered a separate police department de no investigate the case.

A bench of Calcutta high court comprising Justice Bibek Chaudhuri under the perusal of the record opined that,

“The chain of events leading to the filing of F.I.R under Section 154 of the Code by the defacto complainant and consequent investigation by the police is shrouded with bona fide suspicion and reasonable doubt involving wide ramification in the administration of justice, persuading the Court to adjudicate the issue in hand under the touchstone of the basic requirement of investigation of a criminal case to establish the truth behind the commission of the offense”

Facts of the matter

In the present case, the actual complainant was the daughter of the deceased, namely Dr. Anindita Bhattacharrya. The deceased is said to have had committed suicide on August 17, 2017. Therefore, the complainant filed a written complaint claiming that the petitioner had established an illegal relationship with his mother and the only reason was to seek a large sum of money from her.

According to the written complaint, the office-in-charge of the Dum Dum police station filed a complaint against the petitioner under section 306 (abetment to suicide) and section 34 (acts in furtherance… Continue Reading...


Tagged: calcutta high court  
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