Rabi Nandi v. State Of West Bengal & ORS

Sl.No.

30.07.2024 WPA 3801 of 2019 Rabi Nandi -VsState of WB & Ors.

Court No. 35 G.S.Das Mr. A. Ghosh Mr. A. Santra ... for the petitioner Mr. Amitesh Banerjee, ld. Sr. Standing Counsel Mr. Suddhadev Adak ... for the State Report submitted by the ld.

advocate appearing for the State prepared by the inspector in charge of Malipanchghora P.S. be kept with the record. A copy of the same has been handed over to the ld. advocate for the petitioner.

The report reflects that the FSL report was obtained and submitted before the ld. jurisdictional court. Subsequently, a report under Section 173 of the cr.p.c.

was also filed before the ld. jurisdictional

court.

In view of the subject-matter of the writ petition, this court does not find any scope for interference so far as the grievance against the police authorities are concerned.

However, having regard to the fact that there are remedies available to the petitioner, who may be aggrieved by the nature of investigation, I direct that if any application under Section 173(8) of the cr.p.c. is filed before the ld. jurisdictional court, the ld. trial court will consider the same in accordance with law.

Mr. Ghosh, ld. advocate for the petitioner, submits that some articles of the deceased are lying with the police authorities. If the same is still in custody of the police authorities and if there are documents to show reflecting the same, the ld. Magistrate will consider, in an

application, for the return of the same to the parents of the victim or any kin of the victim in accordance with law.

With the aforesaid observations, WPA 3801 of 2019 is disposed of.

Pending application, if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)