W.P. 18685(W) of 2017
The State of West Bengal Ors.
Mr. Rajdeep Majumder,
Mr. Pawan Kumar Gupta
….. for the petitioner
Sk. Md. Galib,
Ms. Subhra Nag
…. for the State
Let affidavit-of-service filed by the learned Counsel for the petitioner
in Court today be kept with record.
The grievance of the petitioner is that in spite of issuing notice
under Section 41A of the Code of Criminal Procedure for appearance
before the investigating agency on 12.06.2017 in connection with Lake
Town Police Station Case No. 75 of 2017 dated 23.05.2017 under Section
498A of the Indian Penal Code and added Sections 420/494 of the Indian
Penal Code, the petitioner was illegally arrested on 05.06.2017 and was
subsequently released on bail. It has been pleaded that the arrest is
illegal and contrary to the directions in Annesh Kumar vs. State of Bihar
reported in (2014) 8 SCC 273. It is true that the arrest was effected after
notice under Section 41A of the Code of Criminal Procedure was issued.
However, it has been recorded in the forwarding note that such extreme
measure was resorted to as there was apprehension that the petitioner
may go abroad and abscond as he possessed a passport. Such
apprehension in the factual matrix of the case cannot be said to be
unreasonable or absurd so as to compel me to come to a finding that his
arrest was an abuse of investigational powers.
It is trite law that an accused who has been enlarged on bail has a
duty to co-operate with investigation. Incorrect nomenclature to the
notice issued upon the petitioner during investigation does not erode the
jurisdiction of the investigating agency to call upon the accused to co-
operate with the process of investigation.
Accordingly, I dispose of the writ petition directing the petitioner to
co-operate with investigation in accordance with law. I, however, observe
that the investigation shall be conducted in a fair and impartial manner
and shall be taken to its logical conclusion in accordance with law.
Since no affidavit-in-opposition has been called for, the allegations
made in the writ application are deemed not to have been admitted by the
There will be no order as to costs.
Photostat certified copy of this order, if applied for, shall be given to
the parties as expeditiously as possible on compliance of all necessary
(Joymalya Bagchi, J.)