Can’t Issue Process Upon Registration Of Case On Basis Of Report Submitted U/S 151 Of CrPC: Calcutta High Court

The Single Judge Bench of Justice Suvra Ghosh asserted, "Issuance of process upon registration of a case on the basis of a report submitted under Section 151 of the Code of Criminal Procedure is unknown to law."

Advocate Satadru Lahiri appeared for the Petitioners.

The facts of the case suggested that while proceeding towards Sandeshkhali the petitioners were apprehended by the Hatishala police station under Section 151 of the Code of Criminal Procedure and were subsequently released on bail. An NGO ‘Lawyers of Justice’ of which the petitioners are members filed a writ petition before the Apex Court. A co-ordinate Bench permitted the members of the said NGO to visit certain areas of Sandeshkhali in terms of the proposed plan of visit along with the route map to be submitted before the Sandeshkhali police station. The police submitted a report before the Additional Chief Judicial Magistrate, Baruipur pursuant to which the Magistrate registered the same as NGR case and issued summons upon the petitioners.

The Bench clarified that process can't be issued upon registration of a case on the basis of a report submitted under Section 151 of CrPC.

“Without spending further words this Court is of the view that proceeding of NGR case no.351 of 2024 pending before the learned Chief Judicial Magistrate, Baruipur be quashed”, the Bench held.