A division bench of the Calcutta High Court set aside an order of a single bench which quashed a notice by the police to Krishnendu Adhikari, brother of BJP leader Suvendu Adhikari, to appear before it as witness in connection with a case.
The division bench presided by Chief Justice TS Sivagnanam ordered restoration of the petition by Adhikari before another single bench of the high court.
A single bench of Justice Abhijit Gangopadhyay had in November, 2023, quashed the notice by the police to Adhikari in connection with a police complaint alleging excess expenditure for a street lighting project in Purba Medinipur district.
On an appeal by the West Bengal government challenging the quashing order, the division bench on Monday set aside the order of the single bench.
The division bench also stayed all further proceedings on the said notice till disposal of the petition by Adhikari before the new single bench which will hear it afresh.
The division bench, also comprising Justice Hiranmay Bhattacharyya, directed the state to file their affidavit in opposition within three weeks and reply, if any, by the petitioner within two weeks of receiving a copy of the state's affidavit.
It directed the registry to list the matter before the single bench in the week commencing June 10.
Moving the appeal, the state claimed that it did not have adequate opportunity to put forth its submissions before the single bench and also challenged the imposition of a cost of Rs 5 lakh on the sub-divisional police officer (SDPO) of Purba Medinipur district's Egra.
The division bench said that an opportunity should have been given to the state in the matter to put in place their objections in the form of an affidavit by the single bench.
The division bench also said that imposition of a cost of Rs 5 lakh was uncalled for.
It directed that the petition be heard afresh by the new single bench after the filing of affidavits by the parties.
Justice Gangopadhyay had quashed the notice to Adhikari by the police under section 160 CrPC (a police officer requiring attendance of a witness) and imposed a cost of Rs 5 lakh on the SDPO, Egra, holding that it was meant to harass him.
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