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Judgment
Rajasekhar Mantha, J
The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference.
This is an application challenging ex parte orders dated 26th February, 2020 and 18th March, 2020 passed by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta and order dated 1st June, 2020 passed by the learned Chief Metropolitan Magistrate, Calcutta at the instance and request of the Investigating Officer of the case.
Orders have been passed directing the petitioner to give voice samples in connection with Muchipara Police Station Case No. 32 of 2020 dated 10th February, 2020 filed, inter alia, against the petitioner under Sections 419/420/468/471/474/500/120B of the Indian Penal Code.
Counsel for the petitioner submits that the said proceedings initiated by the State against the petitioner are a counter blast to the journalistic sting operation conducted, inter alia, against the certain MLAS of the State Government in which certain incriminating facts have been found against them.
A transfer petition of the said investigation into the conduct of the MLAS as also the proceeding initiated against the petitioner from the State Police to the CBI, being T.P. No. 127 (C) 2020 (Bhupendra Pratap Singh -Vs. - The State of West Bengal & Ors.) has been filed before the Hon'ble Supreme Court of India and on 20th May, 2020. The Hon'ble Supreme Court of India has issued notice to the State to respond to the same. The Hon'ble Supreme Court of India, however, in the said order dated 20th May, 2020 has permitted the investigation against the petitioner to be carried on.
The petitioner would submit that he would normally have approached the Hon'ble Supreme Court of India against the order directing grant of voice sample, inter alia, on the ground of pendency of the transfer petition, all evidenced against the petitioner and at the State Officials, having been handed over and in the custody of the CBI.
The petitioner further submits that since two such officials of the media house of the petitioner were physically assaulted when they want to attend investigation, the petitioner feels threatened of life and limb. It is further argued that grant of voice sample as such made amounts to self-incrimination which would be prejudicial to the petitioner's Constitutional rights.
It is also submitted that the petitioner has admitted that the voice sample in question belongs to that of the petitioner and that no other evidence is available with the State Investigating Authorities to compare the voice sample of the petitioner.
Having heard the parties this Court is of the view that since the Hon'ble Supreme Court of India has already granted leave to the State to commence and carry on with the investigation, interference by this Court is not called for.
This Court is also of the view that the prayers made herein are best made before the Hon'ble Supreme Court of India that has admitted, the aforesaid transfer petition being T.P. No. 127 (C) 2020.
In those circumstances and having heard the learned Public Prosecutor at length, who has submitted that the petitioner need not appear on Sunday itself, the order impugned is deferred for compliance for a period of four weeks from date or on any other convenient date.
The petitioner if so advised may approach the Hon'ble Supreme Court of India with any application seeking to assail the orders passed by the learned Chief Metropolitan Magistrate, Calcutta and the Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta.
With the above observations, the instant revisional application of the petitioner shall stand disposed of.
In view of the disposal of the instant revisional application, the connected application being CRAN 2431 of 2020 shall stand disposed of.
All parties are directed to act on a server copy of this order on usual undertakings.