123 Kolkata: Calcutta High Court on Wednesday deliberated on whether a person can be prosecuted twice for the same offence. Hearing one such case against a person who had allegedly defamed Kolkata Police and the state govt, the court stayed the proceedings under the second FIR lodged against him.
Subhasis Raha was summoned on Tuesday after a woman filed a case against him at Kalighat police station.
On Oct 22, a complaint was lodged at Girish Park PS for the same offence. Raha approached the vacation bench of Justice Kausik Chanda, challenging the initiation of a criminal case. He was assured that he would not be arrested without the leave of the magistrate.
The police had served him a notice under Section 35 (3) of BNSS and asked him to appear before them, which, according to his counsel, Sabyasachi Chatterjee, he had complied with. During the Oct 22 hearing before Justice Chanda, Chatterjee argued that the police misused its power to harass Raha. It was stated that he, being a citizen, has the right to express views without restrictions, as guaranteed under Article 19 (1) (a) of the constitution.
On Tuesday, the vacation bench of Justice Rai Chattopadhyay stayed the proceedings under the Kalighat PS after Chatterjee argued that he cannot be prosecuted twice for the same offence.