Biswajit Baram v. State Of West Bengal & ORS

28.04.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 4233 of 2020 Biswajit Baram Vs.

The State of West Bengal & Ors.

Mr. Souradipta Banerjee Mr. Subhojit Mullick ... For the petitioner Mr. Amitesh Banerjee Mr. Joydip Banerjee ... For the State The issue involved in this writ petition circles around an incident pursuant to which the petitioner's son, namely, Kaushik Baram, is missing. The petitioner alleges of police inaction in respect of the investigation carried out by Kharagpur local police station as to the missing complaint.

After considering the report filed by the police authorities and the submissions made by the parties, I do not find that this is a case of police inaction. It may be that the investigation which requires a coordination between different departments that the local police station has not been conducted to the satisfaction of the petitioner who expected his child to be traced out which has not yet been possible.

Keeping in mind that the petitioner's son is still missing and without meaning any incompetence on the

part of the local police authorities, I am inclined to transfer the case to the Criminal Investigation Department, West Bengal, so that coordinated efforts can be taken to find out the missing boy which should be the ultimate motto.

The Officer-in-Charge, Kharagpur Local Police Station, being the respondent no.5, is directed to send all documents and materials available with the said police station in connection with the case to the Criminal Investigation Department, West Bengal, within a period of two weeks from date.

The Criminal Investigation Department, West Bengal, on receiving the documents and materials shall take steps to probe into the matter and bring the same to a logical conclusion at the earliest.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)