Sk. Mosalem Ali v. The State Of West Bengal And ORS.

D/L 85 29.01.2025 Bpg.

ct.no.35 W.P.A.1523 of 2025 Sk. Mosalem Ali

Versus

State of West Bengal & Ors.

Mr. Shiba Prasad Bhattacherjee.

...for the petitioner.

Mr. Asish Kumar Guha Mr. Benazir Ahmed.

...for the State-respondents.

Mr. Md. Manawar Ali.

...for the respondent nos.3 to 5.

Mr. Tauhid Khan Mr. Atanu Halder.

...for the respondent no.6.

Petitioner is aggrieved by the fact that he has learnt that his son has been murdered at the behest of the private respondents but as the same information was not available to him the initial FIR was registered in connection with Sankrail P.S. Case No.762 of 2024 dated 30.09.2024 under Sections 281/106/324(4) of BNS.

The report submitted by the Officer-inCharge, Sankrail Police Station reflects that such information regarding the petitioner having heard from the neighbours in respect of his son being murdered was informed to the police authorities for which a G.D. Entry has been registered and the police

authorities are acting over the same. Analysis of the post-mortem report has been done by the police authorities in respect of the injuries suffered. Report also reflects that available witnesses are being examined to unearth regarding the further suspicion which has been expressed by the petitioner.

Learned advocate for the private respondents submits that the petitioner is bolstering up the case at a subsequent stage when the investigation of the case is in progress.

Be that as it may, since the police report reflects that the police authorities are investigating the case covering all the aspects including the petitioner's further suspicion, I am of the view that if the petitioner applies before the jurisdictional court for furnishing information regarding the progress of the investigation, learned Magistrate in seisin of the matter will pass necessary directions for allowing the petitioner to know regarding the progress so made. As the investigation is still in progress, no further comments are being made in respect of the investigation. Petitioner would be at liberty to approach the learned jurisdictional Magistrate presently in seisin of Sankrail P.S. Case No.762 of 2024. It would be also the duty of the Investigating Officer to inform regarding the findings after the final

opinion has been arrived at by the Investigating Agency.

With the aforesaid observations, WPA 1523 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)