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Synopsis

The Calcutta HC recently ordered police protection for the petitioner’s son and his family member who had to escape their home after an alleged attack by governing party workers in which the petitioner’s son lost one of his eyes.

The Single Judge bench of Justice Jay Sengupta noted, “ It appears from the outdoor ticket annexed by the petitioner that the son of the petitioner had received a trauma on his right eye. His Iris(R) has fully collapsed. Thus, a prima facie case has been made out for addition of Section 326 of the IPC.”

The court also ordered that the investigating officer shall consider the issue of the addition of Section 326 of the IPC to the charges if the same is made out.

The petitioner’s son is a political activist. He wanted to put up a flag at his residence when the ruling party's goons pounced upon him and assaulted him with sharp-cutting weapons. In the process, the petitioner’s son lost one of his eyes. In spite of this, an FIR was registered only under Sections 323/325/34/341/506 of the IPC. No offence under Section 326 of the IPC was imputed.

The counsel appearing for the petitioner stated that in fear of those anti-socials, the petitioner and his family members had to flee from their home and needed police protection to come back.

The Senior Standing Counsel appearing for the state submitted that he needs to consult the case diary before taking the stand.

The court directed the state to produce an original case diary on the next hearing.

Accordingly, the court listed the matter on July 11, 2023.

Case Title: Rajkrishna Bhunia vs. The State of West Bengal & Ors