Kolkata: The Calcutta High Court on Tuesday refused to quash an FIR implicating Soumendu Adhikari, brother of opposition leader Suvendu Adhikari, for alleged misappropriation of funds while allotting 14 stalls at the Rangamati Cremation Ground in Contai.
The HC, however, asked police not to take any coercive action if Soumendu Adhikari cooperates with the probe. If he does not, the court said, cops should issue him a show-cause notice and give him 10 days’ time to respond before taking any action. The court said Adhikari’s statement to police should be video-recorded.
Justice Ajoy Kumar Mukherjee said in his order: “It is a well-settled proposition of law that a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of malafides or political vendetta of the FIR-maker or complainant.”
The judge added, “It is not in serious dispute in the present case that the contents of FIR discloses act of misappropriation of public fund and/or misuse of public property which, if proved, is certainly an offence against the society at large.”
Adhikari had moved court challenging the June 2022 FIR against him by Contai municipality chairperson Subal Kumar Manna. Alleging he was being politically victimised, Adhikari claimed that Manna had suppressed the fact that he was part of the municipality meeting which decided upon allotting the stalls, and the FIR does not make out any case against him. The state had opposed this, claiming the FIR, prima facie, makes out a cognizable offence and the HC should not step in to stop the probe based on mere apprehensions by Adhikari.
Source: https://news.google.com/__i/rss/rd/articles/CBMif2h0dHBzOi8vdGltZXNvZmluZGlhLmluZGlhdGltZXMuY29tL2NpdHkva29sa2F0YS9jYWwtaGMtcmVmdXNlcy10by1xdWFzaC1maXItYWdhaW5zdC1zb3VtZW5kdS1hZGhpa2FyaS9hcnRpY2xlc2hvdy85NzUwODcxOS5jbXPSAXpodHRwczovL20udGltZXNvZmluZGlhLmNvbS9jaXR5L2tvbGthdGEvY2FsLWhjLXJlZnVzZXMtdG8tcXVhc2gtZmlyLWFnYWluc3Qtc291bWVuZHUtYWRoaWthcmkvYW1wX2FydGljbGVzaG93Lzk3NTA4NzE5LmNtcw?oc=5
