- (1.) The petitioners have prayed for quashing the proceeding of S.T. No.1 (3) of 2015 arising out of G.R. Case No.1408 of 2014 which corresponds to Tehatta Police Station Case No.720 of 2014 dated October 10, 2014 under Section 14B of the Foreigners Act, 1946 pending before the Court of Learned Additional Sessions Judge, Tehatta, Nadia by filing revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.
(2.) The backdrop of the revisional application filed by the petitioners is as follows: On October 10, 2014 at about 9.55 a.m. the Inspector-incharge of Tehatta Police Station received information that one Bangladeshi National is residing in a rented house at Palashi para under Police Station Tehatta along with members of his family. The information was recorded in the general diary of the Police Station on October 10, 2014. The Inspector-in-charge of Tehatta Police Station accompanied by Sub-Inspector Pradyut Chakraborty and other police officers arrived at Palashi para at about 10.45 a.m. and found the petitioner no.1 residing in the house of Smt. Kanaklata Biswas for about six months after coming from Bangladesh. The petitioner no.2 being the wife of the petitioner no.1 resided along with the petitioner no.1 in the said house. As the petitioners failed to produce any document to establish that they are citizens of India, a specific criminal case was started against the petitioners on the allegation of committing offence under Section 14B of the Foreigners Act. The said criminal case being Tehatta Police Station Case No.720 of 2014 dated October 10, 2014 was investigated by one Chandan Dutta, Assistant Sub-Inspector of Police. The Assistant Sub-Inspector of Police submitted charge-sheet in due course on completion of investigation disclosing offence under Section 14B of the Foreigners Act against the petitioners. The case was committed to the Court of sessions in due course. On October 30, 2015 Learned Additional Sessions Judge, Tehatta, Nadia framed charge against both the petitioners under Section 14A(b) of the Foreigners Act and against the petitioner no.1 under Section 467, 468, 471 of the Indian Penal Code.
(3.) Mr. Arindam Jana, Learned Counsel for the petitioner contends that the Assistant Sub-Inspector of Police cannot conduct the investigation of the criminal case when the Sub-Inspector of Police is available in Tehatta Police Station as per provisions of Regulation 207 of the Police Regulations, 1943 (in short referred to PRB). The next submission of Mr. Jana is that the Investigating Officer of the case submitted charge-sheet on December 22, 2014 disclosing offence under Section 14B of the Foreigners Act against both the petitioners and thereafter submitted supplementary charge-sheet on August 9, 2015 disclosing offence under Section 468, 471 of the Indian Penal Code against the petitioner no.1. According to Mr. Jana, the Investigating Officer has no authority under the law to file supplementary charge-sheet under Section 173(8) of the Code of Criminal Procedure without the permission of the Court.;