SHANKAR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure has been preferred for quashing of the proceeding in connection with Raiganj Police Station Case No. 623 of 2018 dated 21/09/2018 under Sections 143/186/353, 427 and 120B of the Indian Penal Code, read with Sec. 3 of the Prevention of Damage to Public Property Act, 1984 and Sec. 8 (b) of the National Highway Act, corresponding to G.R Case No. 1310 of 2018, now pending before the Court of learned Chief Judicial Magistrate, Uttar Dinajpur at Raiganj with an interim order of stay of operation of order dated 20/12/2018 of Criminal Misc. Case No. 1896 of 2018 passed by the learned Sessions Judge, Uttar Dinajpur cancelling the order of bail granted by learned Chief Judicial Magistrate by order dated 27/09/2018.

(2.) In response to the direction of this Court, passed earlier, learned Public Prosecutor entered his appearance in this case and contested the case.

(3.) The contention raised by learned advocate for the revisionist was that the instant prosecution was an abuse of the process of law, if allowed to be continued for any further period of time, as there was no approach made by the Police Officer to take recourse to provisions contained under Sec. 41 of the Code of Criminal Procedure by issuing notice upon the revisionist/accused before securing his arrest in terms of settled proposition of law laid down in Arnesh Kumar versus State of Bihar and another reported in, 2014 8 SCC 273, and further that since revisionist/accused was brought under arrest on the strength of a shown arrest, which was not recognised under the provisions of the law, the proceeding must be quashed granting compensation adequately to revisionist/accused, who already suffered insult humiliation, ignominy in the case for not making strict adherence to Sec. 41 of the Code of Criminal Procedure, and further the order passed by the learned Sessions Judge, Uttar Dinajpur making cancellation of bail of revisionist/accused, already granted by learned Chief Judicial Magistrate earlier was against the principle to be followed necessarily for making cancellation of bail in exceptional cases.