Sk. Asadul v. State Of West Bengal And ORS.

WPA 3391 of 2021 (VIA VIDEO CONFERENCE) 03.05.2021 KC Sk. Asadul Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Dastidar.

... for the petitioner.

The petitioner seeks investigation in respect of a first information report through an independent investigating agency and recording of a statement under Section 164 of the Code of Criminal Procedure.

It appears from the records that, the First Information Report with regard to the death of the mother of the petitioner was recorded on March 8, 2020 with the death occurring on March 7, 2020. The police authorities on completion of investigation submitted charge-sheet on June 5, 2020. The petitioner moved before the revisional Court being CRR No. 1083 of 2020, which was disposed of on August 19, 2020 by directing the Trial Court to consider the case diary and to decide the petitioner's prayer for inclusion of charge under Section 302 of the Indian Penal Code (IPC) against the persons accused in Arambagh Police Station Case No. 139 of 2020 dated March 8, 2020.

The present petition is another attempt by the petitioner to have under Section 302 of the IPC included in the charges to be framed as against the accused. The petitioner is not remediless. A Writ Court need not intervene in the facts and circumstances of the present case.

In such circumstances, WPA No. 3391 of 2021 is disposed of without any order as to costs.

(Debangsu Basak, J.)