Accused Cannot Demand Hearing or Impleadment at Investigation Stage: Calcutta High Court

The Calcutta High Court held that an accused has no right to be heard on the mode, manner or agency of investigation and cannot seek impleadment in a writ petition seeking a probe into alleged police inaction.

The case arose from a writ petition seeking an investigation into a complaint alleging bias and collusion by police officials, during which the FIR complainant and persons named as prospective accused sought to be added as parties.

The Court held that criminal law does not permit participation of the accused during investigation, clarified that Section 223(1) of the BNSS apply only at the cognizance stage, and dismissed the impleadment applications as lacking merit.

[Arnab Paul v. State of West Bengal & Ors.]