Court surprised at omission of charges

A city court has expressed surprise at the omission of two charges against those allegedly involved in attacking a city police station.
Chief Judicial magistrate Sanjib Daruka found it strange that Section 9 of Maintenance of Public Order Act and Section 3 of Prevention of Damage to Public Property Act were not invoked in the case of attack on Alipore Police Station here on Friday.
The judge said that in his experience, pressing charges under these two acts were natural in such cases, but the prosecution chose not to do so.
The five accused, who were sent to judicial remand till November 18, have been charged under sections 147 (rioting) and 353 (assault or use of criminal force to deter a public servant from discharge of his duty) of IPC, both of which invite a punishment of two years' imprisonment and/or fine.

The charges which the judge said should have been pressed invite heavier punishment.
As the five accused were produced in court yesterday, public prosecutor Sourin Ghoshal submitted before the judge that, if needed, the two charges may be included against the accused at a later stage during the course of investigation.

"The case is in early stage of investigation. On further probe, if we find that these charges may be pressed, then we will certainly do that," Ghoshal told the court.
Section 9 of West Bengal Maintenance of Public Order Act 1972 provide for imprisonment upto 10 years or fine or both.

Section 3 of Prevention of Damage to Public Property Act provides for a punishment of up to five years in jail.