In the instant case, the Hon’ble bench comprising Hon’ble Justice Rajasekhar Mantha directed the Gaighata Police Station not to arrest the writ petitioner without the leave of the Hon’ble court.
Between 14th May 2021 and 18th June 2021, 13 FIRs have been registered against the petitioner herein based on complaints received from 13 different persons in a single police station i.e. Gaighata Police station.
The petitioner herein submitted as follows:
- Firstly, on complaints filed 13 FIRs were registered post 2nd May 2021 only because the petitioner had moved from one political party to another.
- Further, having no faith in the investigation agency any further given the number of FIRs registered in a single police station being Gaighata Police along with another large number of allegations transfer of investigation from the State police to CBI is sought. in support of the submission made herein, the petitioner herein referred Bimal Gurung versus. Union of India.
- Moreover, a Stay of investigation is sought based on the above submissions
Submissions by advocate general are as follows:
- Referring to Lalita Kumari versus. the State of U.P. it is submitted that the state police are only following the dicta laid down in the above decision and hence there is no ill motive on part of the police
- further, It is argued that the instant case is not an extraordinary case calling for the transfer of investigation.
- moreover, It is submitted that it would be premature to assume that the petitioner will be implicated falsely in the instant case or a charge-sheet will invariably be filed.
Based on the above submissions Hon’ble court ordered as follows:
- Transferring the investigation in the instant case to CBI might be a premature exercise in the light of submissions that is likely to be prejudicial or biased at this stage.
- However, Hon’ble Court stated that it sees extraordinary circumstances in 13 successive complaints having been filed before one police station against the writ petitioner in a span of 30 days.
- Moreover, it is observed that Mala fide FIRs would normally attract the jurisdiction of the Court under the Code of Criminal Procedure, 1973 but 13 successive FIRs would bring into focus, likely and violation of Article 21 of the Indian Constitution.
- further pointing to advocate general’s statement it is stated that cases which call for interference are not restricted to the involvement of high officials or accusation against other investigators or for bias.
- Lastly, the Hon’ble court directed the Gaighata Police Station not to arrest the writ petitioner without the leave of this Hon’ble Court.
