• No coercive action against NIA officials over counter FIR: HC
    Indian Express | 12 April 2024
  • The Calcutta High Court on Wednesday directed the West Bengal Police not to take any coercive steps against the National Investigation Agency (NIA) officials, based on a counter FIR lodged against them.

    The high court slammed the state police over an FIR filed against NIA officials, after the central agency team was attacked during a raid at Bhupatinagar in Purba Medinipur district on April 6.

    The single-judge bench of Justice Jay Sengupta said that the questioning of the accused officers by the state police should be through a videography, only after a 72-hour notice.

    The NIA on Tuesday had moved the Calcutta High Court seeking quashing of a molestation FIR filed by the West Bengal Police against the officers of the central probe agency in connection with its April 6 raid. T

    he petition also sought interim protection from any coercive action by the West Bengal Police against NIA officials.The NIA’s counsels in their submission to the court said that the complaint was lodged with malafide intention and was based on false allegations.

    However, after hearing the arguments of both the sides, Justice Sengupta on Wednesday barred the state police from adopting any coercive action against the NIA officials.

    While 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.

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

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