Cal HC grants interim protection from arrest to NIA officials in Bhupatinagar case

Cal HC grants interim protection from arrest to NIA officials in Bhupatinagar case


PTI | Kolkata | Updated: 10-04-2024 22:04 IST | Created: 10-04-2024 22:01 IST
Cal HC grants interim protection from arrest to NIA officials in Bhupatinagar case
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The Calcutta High Court on Wednesday granted interim protection from arrest to NIA officials against whom an FIR was lodged over its raid at West Bengal's Bhupatinagar in connection with a bomb blast case.

While allowing the investigation to continue, the court directed that the state police will have to give a 72-hour notice to the NIA officials for questioning, which can be done through video conferencing.

The NIA moved an application before the court seeking the quashing of the FIR against its officials. They also prayed for interim protection for its officials in connection with the case.

Justice Jay Sengupta directed the state police not to arrest, during the pendency of this application, NIA officials against whom the wife of an accused lodged an FIR alleging assault and outraging modesty.

The court said it will hear the matter again on April 29.

NIA officials were allegedly attacked by a mob and one of them suffered injuries on April 6 when they were returning from Bhupatinagar in Purba Medinipur district after arresting two accused persons in connection with its investigation into the blast there in December 2022 in which three persons were killed.

While an FIR was registered based on a complaint by the NIA officials at Bhupatinagar, another case was initiated against the central agency officials on a complaint by the wife of one of the arrested persons. Moving the prayer before the court, NIA's counsels submitted that the complaint was lodged with malafide intention and was based on false allegations.

Passing the order, the court said that in the counter FIR lodged by the wife of the prime accused Manobrata Jana, there is hardly any mention of grievous hurt and in the case diary, the medical reports of the alleged victims only reveal marks of mild scratches and/or swelling, yet section 325 (causing grievous hurt) of IPC was included in the FIR.

''This stringent provision is not made out even prima facie in the instant case,'' Justice Sengupta observed.

The order said that it is significant to note that in case of injury to the NIA official, section 323 (causing hurt) of the Indian Penal Code was included in the FIR lodged by the said official.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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