The Calcutta High Court stated that a process cannot be issued when a case is registered based on a report submitted under Section 151 of the CrPC.
The Calcutta High Court stated that starting a case based on a report under Section 151 of the Code of Criminal Procedure is not recognized by law. Justice Suvra Ghosh, on the Single Judge Bench, emphasized this point. Advocate Satadru Lahiri represented the Petitioners. The case details showed that the petitioners were stopped by the Hatishala police while heading to Sandeshkhali under Section 151 and were later released on bail. An NGO called ‘Lawyers of Justice,’ which includes the petitioners, filed a writ petition with the Supreme Court. A co-ordinate Bench allowed the NGO members to visit specific areas in Sandeshkhali, provided they submitted a route map to the local police. The police then reported to the Additional Chief Judicial Magistrate in Baruipur, leading to the registration of an NGR case and the issuance of summons to the petitioners.
The Bench clarified that a process cannot be initiated based on a report under Section 151 of the CrPC. The Court concluded that the NGR case no. 351 of 2024 pending before the Chief Judicial Magistrate in Baruipur should be dismissed.
Cause Title: In Re: L. Narsimha Reddy & Ors. [Case No. CRR No. 3589 of 2024]
Appearance:
Petitioners: Advocates Satadru Lahiri, Vikash Singh, Safdar Azam, Syed Wasim Faruque, Jyotirmay Talukder & V. Lamba
