The Calcutta High Court has ordered police protection for a family of a BJP worker who had to flee from their home after an alleged attack by the workers of the ruling party for trying to put up a flat at their residence. The son of the Petitioner lost his eye in the attack using sharp-cutting weapons.

The Court also ordered that the Police should consider adding an offence under Section 326 of the IPC to the FIR registered by the Police.

The Bench of Justice Jay Sengupta ordered that "In the event, the petitioner wants to return to his residence with his family in the meantime, let him report before the police station so that adequate police protection can be given to him and his family members for their return".

The Court also accepted the argument of the Petitioner that though the Petitioner’s son lost one of his eyes, the FIR was registered only under Sections 323, 325, 34, 341 and 506 of the IPC.

Advocate Kaustav Chandra Das appearing for the Petitioner submitted that no offence under Section 326 of the IPC was registered and that is the reason why the miscreants are going scot free. Advocate Amitesh Banerjee appeared for the State and submitted that he needs to see the case diary before taking a stand.

"It appears from the outdoor ticket annexed by the petitioner that the son of the petitioner had received a trauma on his right eye. His Iris(R) has fully collapsed. Thus, a prima facie case has been made out for addition of Section 326 of the IPC", the Court noted.

"In the meantime, the investigating officer shall consider the issue of addition of Section 326 of the IPC to the charges if the same is made out", the Court ordered.

Cause Title: Rajkrishna Bhunia v. The State of West Bengal & Ors. (WPA 15808 of 2023)

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Calcutta High CourtJustice Jay SenguptaPolitical Violence

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