Sheo Prakash Bhatter vs The State Of West Bengal
2022 Latest Caselaw 4945 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         C.R.R. 2711 of 2022

                          Sheo Prakash Bhatter
                                   Vs.
                        The State of West Bengal

For the petitioners      : Mr. Anjan Bhattacharya, Adv.
                           Ms. Anita Shaw, Adv.

Heard on                 : 01.08.2022

Judgment On              : 01.08.2022.


Bibek Chaudhuri, J.

The petitioner is one of the Directors of Tirupati Cold Storage,

a Private Limited Company. On 19th May, 2022, there was an incident

of leakage of Ammonia gas in the above-named cold storage causing

damage of agricultural products of approximately 2000 farmers. The

administrative authority on due consideration and upon deliberation

with the petitioner fixed compensation amount. Being aggrieved, the

petitioner challenged the order of compensation before this Court

invoking constitutional writ jurisdiction. Subsequent to such

proceeding, the petitioner also filed writ petitions for various other

reliefs, last being No.WPA 11276 of 2022 which was disposed of by a

Co-ordinate Bench on 8th July, 2022 allowing the prayer of the

petitioner for police protection on his cost.

Under the said backdrop, the petitioner received a notice under

Section 41A of the Code of Criminal Procedure in connection with

Memari Police Station Case No.401 of 2022 dated 4th July, 2022 under

Sections 420/406 of the Indian Penal Code. The petitioner

apprehends that Memari Police Station Case No.401 of 2022 was

registered against the petitioner over the issue of gas leakage that

took place on 19th May, 2022. The petitioner has prayed for quashing

of notice under Section 41A in connection with Memari Police Station

Case No.401 of 2022. Having heard the learned Advocate for the

petitioner it is ascertained that the petitioner is apprehending of

threat of his life if he visits the jurisdiction of the police station for

interrogation under Section 41 A.

In view of such circumstances, the instant criminal revision is

disposed of directing the Investigating Officer of Memari Police Station

Case No.401 of 2022 to interrogate the petitioner in his residence on

a particular date and time to be mentioned by the Investigating

Officer. The petitioner is also directed to remain present in his

residence to facilitate the Investigating Officer to interrogate in

connection with Memari Police Station Case No.401 of 2022.

With the above order, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.108.

D/L.