Calcutta High Court Orders Inquiry Against Magistrate And Police Officials After BJP Candidate Is Detained For 21 Days

The Calcutta High Court has ordered an inquiry against the officials of the Nakashipara Police Station and the CJM, Krishnanagar while permanently staying the proceedings in an FIR registered against the Petitioner, Anup Kumar Mondal, a BJP candidate in the upcoming elections.

The FIR was registered suo moto against the Petitioner in the year 2022 under Sections 153A, 505(2), 295(A) and 504 of the Indian Penal Code and the Petitioner was arrested and was in custody for 21 days. The Court found that there is a clear violation of the dicta of the Judgment of the Supreme Court in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273. 

The Bench of Justice Rajasekhar Mantha ordered, “The District Judge, Nadia shall conduct an enquiry into the circumstances under which the CJM, Krishnanagar, remanded the petitioner in custody for about 21 days in respect of the subject FIR and submit a report to the Registrar General of this Court for considering the initiation of appropriate disciplinary action.”

The BJP leader, who was aggrieved by the actions of the police officials, including the seizure of his mobile phone and SIM card, had filed a writ petition before the High Court to quash the suo moto FIR filed against him. Advocate Kalyan Kr. Chakraborty represented the petitioner, while Advocate Pantu Deb Roy represented the State.

"The S.P., Nadia shall conduct an enquiry, if necessary, initiate departmental proceedings against the concerned official of the Nakashipara Police Station as to under what circumstances the petitioner was detained for 21 days", the Court ordered.

Earlier, the Court had directed the Police to return the Petitioner's mobile and had noted in its order that the offences alleged against the Petitioner are not made out from the Police report and that no one had complained before the Police against the Petitioner.  

Accordingly, the High Court disposed of the Writ Petition.

Cause Title: Anup Kumar Mondal v The State of West Bengal & Ors.

Click here to read/download order