An additional metropolitan magistrate court here on Monday issued a bailable warrant against BJP leader Mukul Roy for violating its order to him to appear in connection with a case of recovery of Rs 90 lakh from a public servant by Burrabazar police in July 2018.
Later on Monday, Roy moved Delhi High Court against the warrant. The high court fixed Tuesday for hearing Roy’s plea.
According to the prosecution, the Burrabazar police had recovered Rs 90 lakh from a government employee on July 31 last year.
“In this case, the police had served a notice on my client, asking him to appear before it for interrogation. Challenging its validity, Roy moved Delhi High Court. Since Roy is now a permanent resident of Delhi and a voter there, the notice should be served on him there,” Roy’s counsel, Subhasish Dasgupta, said on Monday.
The lawyer added: “When a notice was served on my client in connection with the recovery case in the metropolitan magistrate’s court in
Calcutta, he informed that he should be served such a notice in Delhi as per rules. Accordingly, the notice was served on Roy in Delhi.
“In February this year, Roy informed the metropolitan magistrate that he would co-operate with the police if he was approached in Delhi. It was decided that the police would meet Roy in Delhi.”
Dasgupta also said since Roy had turned 65, the rule to run the prosecution against him changed. “When my client informed Delhi High Court about his age, it directed the police to change the process of probe. Meanwhile, in February, the metropolitan magistrate’s court in Calcutta ordered Roy to attend the court on July 29.”
“I informed the metropolitan magistrate’s court about the developments in Delhi High Court. But the magistrate did not heed our submission and issued a bailable warrant against Roy,” said Dasgupta.
According to rules, if a person aged over 65 years of age is accused in a criminal case, he/she may opt for appearing in a court near his residential address.
BJP leader Mukul Roy said: “It is an old case and a person has already been convicted by the court. I have moved Delhi High Court in this regard.”
