Calcutta High Court
Md. Ehtesham Uddin vs Kolkata Municipal Corporation & ... on 18 January, 2023
OD-2 ORDER SHEET
IA NO: GA/1/2022
WPO No.3279 of 2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
MD. EHTESHAM UDDIN
VS.
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date:18th January, 2023.
Appearance:
Mr. Abhratosh Majumder, Mr. Arif Ali, Mr. Sarban
Bhattacharjee, Advocates for the Petitioner.
Mr. Ranajit Chatterjee, Ms. Piyali Sengupta,
Advocates for KMC.
Mr. Debjit Mukherjee, Mrs. Susmita Chatterjee,
Advocates for the State.
Re:-GA/1/2022
The Court:-The instant application has been filed for recalling the portion
of the order dated 19th December, 2022 directing the Officer-in-Charge,
Narkeldanga Police Station to enquire about the antecedents of the petitioner and
to ascertain as to whether he is involved in any criminal activity or whether he
has any track record of being involved in any extortion racket in the field of
construction or real estate.
The Court also directed the Officer-in-Charge, Narkeldanga Police Station
to enquire about the source of income of the petitioner.
It has been submitted by the learned advocate representing the petitioner
that the said order was passed by the Court on the submission made from the
Bar by the learned advocate representing the Kolkata Municipal Corporation that
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the petitioner may be a part of the extortion racket involved in the real estate
market.
Learned advocate representing the petitioner submits that in the absence
of definite instance of extortion against the petitioner, the Court ought not to have
passed order for conducting an enquiry.
In support of the aforesaid submission, the petitioner relies upon the
judgment delivered by the Hon'ble Supreme Court in the matter of Divine Retreat
Centre Vs. State of Kerala & Ors. reported in (2008) 3 SCC 542 especially
paragraph nos.46, 50 & 51.
Learned advocate representing the Kolkata Municipal Corporation has
placed before this Court order sheets passed by the Hon'ble Division Bench of
this Court presided over by the Hon'ble Acting Chief Justice Nishita Mhatre (as
His Lordship then was) on 3rd March, 2017, 17th March, 2017, 31st March, 2017
in W.P.A No.925 of 2016, G.A. No.154 of 2017, C.C. No.27 of 2017, order dated
4th August, 2017 in C.C. No.27 of 2017 and order dated 16th September, 2021
passed in C.R.R. No.926 of 2021.
On perusal of the aforesaid orders passed by this Court, it appears that
the petitioner, Md. Ehtesham Uddin, son of Md. Israil of 168/W, Keshab Chandra
Sen Street, P.S.-Amherst Street, Kolkata-700 009 was arrested by the police.
There are definite charges against the petitioner herein.
A contempt proceeding was also initiated and the said contempt
proceeding is reported to be still pending.
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Learned advocate representing the State respondents has obtained
instruction from the Officer-in-Charge, Narkeldanga Police Station wherein it has
been mentioned that as many as six criminal cases are pending against the
petitioner. The cases are as follows:-
1. Narkeldanga P.S.Case no.112 dt. 29.03.2015 U/S 341/323/506 IPC
2. Newmarket P. S. Case no.133 dt. 30.03.2015 U/S 114/324/506 IPC
3. Narkeldanga P.S. Case no.79 dt. 28.03.2017 U/S-120B/467/468/
474/419 IPC
4. Bowbazar P. S. Case no.143 dt. 19.05.2022 U/S 341/341 IPC
5. Amherst Street P. S. Case no.210 dt. 30.08.2022 U/S 387/34 IPC
6. Narkeldanga P. S. Case no.21 dt. 13.01.2023 U/S 387/34 IPC
Despite the order passed by this Court directing the petitioner to cooperate
with the investigation proceedings, the petitioner has failed to cooperate with the
police. It has been submitted that the police issued notices to the petitioner but
the petitioner has tried to defer the matter claiming that he is out of station and it
will not be possible for him to come back before February, 2023.
Upon perusal of the documents placed before this Court, the Court is
convinced that the petitioner is involved in some type of criminal activity.
The Court, accordingly, is not inclined to recall the portion of the order
dated 19th December, 2022 as prayed for by the petitioner in the instant
application. The application being GA No.1 of 2022 stands dismissed.
The petitioner is again directed to cooperate in the enquiry to be conducted
by the police.
Let the writ petition appear in the list once again on 20th February, 2023. A
further report be filed by the police on the adjourned date.
Report filed by the Executive Engineer (Civil)/Building Department,
Borough-III, Kolkata Municipal Corporation signed on 14th January, 2023 and
the report filed by the Officer-in-Charge, Narkeldanga Police Station signed on
18th January, 2023 be retained with the records.
Urgent photostat certified copy of this order, if applied for, be supplied to
the parties upon completion of usual legal formalities.
(AMRITA SINHA, J.)
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