Bhaskar Jana v. State Of West Bengal And ORS.

26 01.04.2024 NB Ct. 14 WPA 8506 of 2024 Bhaskar Jana Vs.

The State of West Bengal & Ors.

Mr. Sujit Bhunia, Mr. Dilip Kr. Shyamal.

...for the petitioner.

Mr. Amitesh Banerjee, ld. SSC, Mr. Akash Dutta.

...for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father of the victim. His son was brutally murdered. However, initially, the case was started as Pingla PS Case No.56 dated 06.03.2024 under Sections 341, 326 and 307 of the Penal Code. For some time the victim was in hospital. Afterwards, Section 302 was added to the array of charges. Investigation is not being done properly. No accused was arrested. No statement of the eye-witness or the de facto complainant were recorded under Section 164 of the Code. Even, weapons were not seized.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. After filing of the writ petition, raids were conducted and the accused were arrested.

The offending weapons were also recovered. Investigation is going on.

It appears that certain important steps were taken during investigation, but only after filing of the writ petition. Let the investigation of the case be conducted by the Investigating Officer under the supervision of the concerned Sub-Divisional Police Officer.

The Investigating Officer shall be at liberty to record the necessary statements under Section 164 of the Code as well. Let the investigation be concluded expeditiously and in accordance with law.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)