Kajal Roy Vs. State of West Bengal and Ors. - (High Court of Calcutta) (04 Jul 2019)

If a person satisfies that, he is a necessary or a proper party or both, then, he is entitled to be added as a party to writ petition and be heard therein

MANU/WB/1554/2019

Civil

Applicant is a co-accused in a criminal case. Applicant seeks to be added as a party Respondent in a writ petition which alleges perfunctory investigation by the Police in relation to a police case where the applicant is one of the accused.

The application for addition of party is opposed on behalf of the writ petitioner. Learned Advocate appearing for the writ petitioner submits that, the applicant is an accused in a criminal case. The applicant cannot have any say in the investigation or the Investigating Authority investigating the criminal complaint. Therefore, the applicant cannot be added as party respondent in the writ petition.

The applicant is an accused in a criminal case. The applicant is enlarged on anticipatory bail. An accused has no right to be heard at the stage of investigation. The present writ petition relates to alleged perfunctory investigation made by the Investigating Agency with regard to a criminal complaint. The writ petitioner made diverse allegations against the accused in the writ petition. Although, the entirety of the provisions of the Code of Civil Procedure, 1908 (CPC) does not apply to a writ proceeding, the principles of CPC are attracted.

A person can come to the Writ Court and seek addition as a party in a pending writ petition where such person can substantiate that, he is a necessary or a proper party or he is both. If such person satisfies that, he is a necessary or a proper party or both, then, he is entitled to be added as a party to the writ petition and be heard therein.

The fact that, the writ petition relates to Police inaction or perfunctory investigation with regard to a Police complaint, does not alter the basic fact that, it is a writ petition where, principles of CPC stands attracted. The writ petition is replete with allegations against the applicant. The applicant therefore is entitled to contest those allegations. It can contest such allegations validly, if it is a party in such writ petition.

Therefore, even if the Applicant is not treated as a necessary party, the applicant must be treated to be a proper party in the writ petition by virtue of the allegations made against the applicant, in the writ petition. By a person being a necessary party in a proceeding, it is understood that, the presence of such party is indispensable to the proceeding and that, no effective order can be passed in absence of a necessary party. A proper party is understood to be one in whose absence an effective order can be passed. The application allowed. The applicant is added as a Respondent in the writ petition.

Tags : PROPER PARTY ADDITION PERFUNCTORY INVESTIGATION