‘Constitutional Court Can’t Be Used As A Coercive Machinery’, Directs Petitioner To Approach Magistrate For Alleged Police Inaction: In Calcutta High Court

The Calcutta High Court recently ruled in Rajina Begam v. The State of West Bengal & Ors (W.P.A. 9076 of 2022) that the Constitutional Court’s power cannot be used as a coercive mechanism and thus directed the aggrieved party to seek relief from the concerned Jurisdictional Magistrate regarding the alleged police inaction.

Facts of the case:

Honourable Justice Bibek Chaudhuri was hearing a case in which the petitioner claimed that the respondent and his associates had manhandled her and violated her modesty during an altercation over construction on a disputed property.

Following that, the petitioner filed an application with the concerned Additional Chief Judicial Magistrate, Barasat, under Section 156(3) of the CrPC. Following that, the concerned Chief Judicial Magistrate directed the jurisdictional police station’s concerned police authorities to begin an investigation. The petitioner, however, claimed that despite such a directive, the police authorities had taken no action against the respondent and that the alleged harassment was continuing.

During the proceedings, the State’s counsel filed a police report based on the complaint police had received. The Court was informed that the respondent had received a notice under Section 41A of the CrPC and had been questioned by the police. Following that, the respondent surrendered before the concerned Magistrate and obtained a bail order.

Court’s Findings:

The Court stated after reviewing the police report, “Considering the police report, I do not find any support of the petitioner’s allegation that police did not take any action and started investigation of Deganga Police Station Case No.299 of 2022.”

Further emphasizing that the Constitutional Court’s power cannot be used as a coercive mechanism, the Court stated,

“The Constitutional Court’s authority cannot be used to impose coercion on an individual. If the petitioner has any concerns about the course of the investigation, she may file a complaint in the Court of the Jurisdictional Magistrate.”

As a result, the Court dismissed the plea and noted that the petitioner’s husband had also filed a similar application, which had previously been dismissed with costs.

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Judgement Reviewed By Manju Molakalapalli.

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