- (1.) THE petitioner in this WP under art.226 dated January 13, 2012 is seeking the following principal relief: "a) to issue a writ in the nature of Mandamus, commanding the Respondent Police Officer not to over act with the case of Your petitioner and to act as per provisions of Criminal Procedure and not to demand any amount from the petitioner for exhonorating the petitioner from Criminal Cases and not to disturb your petitioner in any manner whatsoever."
(2.) COUNSEL for the petitioner submits as follows. The officer in charge of Metiabruz police station has been filing one after another false cases against the petitioner. In the representation dated April 8, 2011 at p.29 the petitioner stated that on April 3, 2011 the officer visited his office and demanded huge amount saying that failure to meet the demand would lead to his implication in several false criminal cases. On the facts, it is necessary to direct the CID to take over control of investigation of all the cases registered against the petitioner. Whether the several cases registered against the petitioner in Metiabruz police station are false cases is a question that is not to be decided by this Court under art.226. Control of investigation of the cases is not to be taken over by the CID as a matter of course. It is only the specified exceptional cases control of whose investigation is to be taken over by the CID. The petitioner is free to apply for the purpose in terms of reg.612 of the Police Regulations, Bengal, 1943; and it is entirely for authority under that regulation to decide whether control of investigation of any case registered against him is to be taken over by the CID. Allegations made in the representation dated April 8, 2011 are as follows: "I say that on 3.4.11 at about 5.30 in the evening Officer-in-Charge, metiabruz, namely Zafar Alam in his jeep came to my office at the aforesaid address and demanded huge amount of money, he further threatened if I do not meet his unlawful demands he shall implicate my name in several false criminal proceedings. I refused to meet the extraneous considerations wrongful & illegal demand by the said Officer-in-Charge. I have come to learn that the said Officer-in-Charge with malafide intention and ulterior motive has implicates my name in aforesaid false cases to humiliate me so that I sccumb to his wrongful illegal demands."
(3.) CORRECTNESS of the allegations made in the representation dated April 8, 2011 and quoted above is not to be decided either by this Court under art.226. It is to be decided by the Civil and Criminal Courts, if appropriate proceedings are initiated by the petitioner. Nothing prevented the petitioner from suing the officer in charge against whom he made the serious allegations. He was free to approach the Criminal Court with his complaint examining which such Court could consider the question of passing an appropriate order directing registration of FIR or taking cognizance and issuing process. Worth of the allegations is not to be examined by this Court for deciding whether they make out a case of commission of any cognizable offence. That was to be done by the Criminal Court competent to take cognizance of offence.;