Calcutta High Court Chief Justice T.S. Sivagnanam, on Wednesday, allotted the single judge bench of Justice Trithankar Ghosh to hear the petition from the former judge of the same court and the BJP candidate from the Tamluk Lok Sabha seat, Abhijit Gangopadhyay.
Gangopadhyay has challenged an FIR registered against him by the district police earlier this month.
He had originally filed the petition at the single judge bench of Justice Jay Sengupta. However, on Tuesday Justice Sengupta recused from hearing the matter on personal grounds.
Gangopadhyay filed the petition with the plea for cancellation of the FIR as it might create obstacles for his campaign process. The polling for Tamluk is scheduled for the sixth phase on May 25.
The FIR was filed at Tamluk Police station on May 5 under various non-bailable sections of the Indian Penal Code and the Arms Act, on a complaint filed by a section of the 25,753 teaching and non-teaching staff, who lost their jobs following a high court order and are reportedly close to the ruling Trinamool Congress.
The root of the complaint was a procession by BJP supporters at Tamluk while Gangopadhyay was going to file his nomination as a candidate on May 4.
Tension started as the procession passed through the area where some dismissed school staff were protesting against the Calcutta High Court order.
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Soon after the FIR was filed Gangopadhyay said that such FIRs based on fake allegations are quite common and he was ready to face its outcome. “I want to see how long those who are resorting to such fake allegations can escape the clutches of law,” he added.