The Calcutta High Court Wednesday directed the Superintendent of Police (SP) of North 24 Parganas district to appear before it on November 26 to explain the police's failure to record the statement of two police constables in connection with a murder case.
A division bench comprising justices Joymalyo Bagchi and R K Kapur directed the SP to supervise investigation into the case as the investigating officer (IO) failed to carry out the court's direction to examine the police personnel and record their statements, who were on guard duty at the premises of an accused.
The investigating officer has also been summoned to appear before the court on November 26, along with the SP.
The bench directed that statements of the two constables be now recorded before a magistrate.
Asim Bhattacharya was murdered in Bongaon in North 24 Parganas district on July 13.
Rakesh Bairagi, a resident of the area, was accused of complicity in the murder of Bhattacharya and applied for anticipatory bail before the high court.
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His lawyer Suman Shankar Chatterjee said that Asim Bhattacharya was an accused in the murder of Rakesh Bairagi's son Himangshu on March 9, 2014.
Seeking anticipatory bail for Rakesh, Chatterjee claimed before the court that he was falsely implicated in the murder of Asim Bhattacharya as the latter was an accused in his son's murder.
Chatterjee said that on February 2, 2015, the high court had directed the district police to provide police protection in the residence of Rakesh Bairagi following his son's murder.
The petitioner claimed that without recording the statements of the two constables, charge sheet had been filed in the murder of Asim Bhattacharya and Rakesh Bairagi was named in the document.
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