Dipankar Datta, J. - (1.) Over the years this Bench while hearing writ petitions alleging 'police inaction' has had the occasion to deal with diverse grievances of complainants arising out of non-registration of First Information Report (hereafter F.I.R.) by the officers-in-charge of police stations despite receipt of written complaint disclosing cognisable offence; non-receipt of intimation from the officers-in-charge of police stations that there is no reason to embark upon an investigation despite registration of F.I.R. for cognisable offence(s); non-receipt of intimation regarding the fate of investigation despite lapse of sufficient time since registration of an F.I.R.; tardy and inept investigation to somehow save the accused; registration of F.I.R. under soft sections to dilute the offence(s) alleged to have been committed, etc.
(2.) This writ petition dated May 11, 2016 alleging police inaction is an addition to such series of litigation, containing bits and pieces of all types of grievances noted above that often give rise to writ petitions alleging 'police inaction'. The initial grievance was that no action has been taken on the several complaints lodged by the second petitioner. In course of hearing, the aggrieved petitioners complained that though an F.I.R. has been registered, the accused have not been booked under appropriate provisions of the Indian Penal Code (hereafter the I.P.C.).
(3.) The second petitioner had lodged a written complaint before the Officer-in-Charge, Madhyamgram Police Station on April 5, 2016. For better appreciation of the issue involved in the writ petition, it would be profitable to reproduce the complaint in its entirety. It reads: "I, Raja Karmakar, son of Sri Gopal Krishna Karmakar, residing at 8/B, Dum Dum Road, Kolkata - 700030 do hereby beg to seek your kind attention to the fact that I am the Secretary of Dum Dum Ramakrishna and Vivekananda Seva Pratishthan registered under the West Bengal Society Registration Act, 1961. The above-mentioned society runs a self funded school under the name and style 'Ramakrishna Missionary Institution' of which also I am the Secretary of the governing body. On 05.04.2016 around 10.00 A.M., I, and Sri Nabakumar Karmakar who is also a member of the governing body of the school, went to the school as per daily schedule and daily course of business; at around 11.30 on the same morning, around 20 to 25 anti-social men under the leadership of the local Councilor (Ward No. 4 of Madhyamgram Municipality) Mrs. Mamata Roy Sen came to the school and started showering kicks on the main entrance of the school. The said anti-social who I can recognize on seeing forced entered into the school premises and attempted to snatch the keys of the cash-box of the school, almirah and attendance registers. When I try to protest, the Councilor grabbed me by the collar of my shirt and the anti-socials namely Vinod Singh @ Rinku, Abdul Majid, Haru and others started bearing me mercilessly. The local councilor, in the meantime told Vinod Singh to shoot me, upon receiving such instruction, the said Vinod Singh pulled out a gun from his wrist-belt and held it against my belly cursing me in filthiest of languages and started hit by a gun over my right shoulder and threatened me to comply with the Councilor's instructions or he would kill me then and there. While the said Vinod Singh was abusing me, the Councilor, Mrs. Mamata Roy Sen shoved me onto a chair and started chocking me by pressing my neck, she then picked up a cushion from another chair and put it on my face almost chocked me to death. It is of utmost pertinence to mention here that ours being a self-funded school, the said Councilor Mrs. Mamata Roy Sen demanded Rs. 10 lacs from us for smooth running of the school which we refused; it was since then that the said Councilor took to threatening us by various means and even threatened to kill us. This act of threats reached its height today in the form of all the above-mentioned atrocious and over-audacious acts committed by the Councilor and her men. They also threatened us not to go to the police or they will slap false cases against us with the help of police. Subsequent to the injuries caused upon my person by the Councilor and her men, I got myself treated at the R.G. Kar Medical College and Hospital. A medical certificate to that effect has been issued by medical officer on 05.04.2016 of the said hospital. While leaving, the Councilor and her men at gunpoint looted Rs. 70,500/- from the school's cash-box and a 17 gram gold chain from my neck and planted a few men to restrain us from entering the school. The Councilor's acts of threatening us by various means was brought to the office of the Superintendent of Police, North 24-Parganaas by a letter dated 31.03.2016. This being the situation faced by us; our life and property being in danger, I do please before you esteemed self to treat this letter as First Information and initiate proper legal procedure against the Councilor Mrs. Mamata Roy Sen and her men.";