Ramadhin Dubey -Versus- The State of West Bengal (C.R.R. 411 of 2013)


The High Court of Calcutta a revision was filed under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code. Brief facts of the Case:-On 26.06.2012 at around midnight a group of Police persons under the leadership of the Sub-Divisional Police Officer, Murshidabad, forcibly entered into the house of the Petitioner, Ramadhin Dubey and assaulted him and his family member to the extent that the petitioner and his wife became senseless due to excessive torture and subsequent to the said incident the condition of the petitioner and his wife became so serious that they were taken to the Hospital wherein they underwent treatment. They tried to lodge a complaint in the local police station but the police station refused to lodge any complaint.Ramadhin Dubey thus filed a complaint before the concerned Magistrate and cognizance was taken by the Magistrate who also issued process against the police officers.On the very next day, the police officers sated the order of the Magistrate from the Sessions Court. The application was moved by the Public Prosecutor of the District which is unlawful since the Public Prosecutor cannot represent accused persons. The Sessions Court entertained the application without even asking for a copy of the order of the Magistrate. It was predictably a stance taken to delay the procedure before the Magistrate by the police officers. An application under Article 227 was thus filed before the High Court challenging the order of the Sessions Judge at Murshidabad. Though the matter was disposed off but following directions was passed by the Hon’ble High Court:-Liberty was granted to the Petitioner to raise the arguments before the Sessions Judge on the next date of hearing and the Sessions Judge was directed to decide the matter within a period of one month.