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Calcutta High CourtWPA/9212/2021disposed

Swapan Kumar Ghosh And ANR v. State Of West Bengal And ORS.

2022-06-27Hon'Ble Justice Shampa Sarkar2 pages

S/L 157 27.6.2022 Court. No. 19 sn WPA 9212 of 2021 Swapan Kumar Ghosh & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sayan Chattopadhyay ... for the petitioners Mr. Nilotpal Chatterjee Mr. Amritlal Chatterjee ..for the State Mr. Saibalendu Bhowmick Mr.Rajsekhar Basu ..for the respondent no.7 Mr. Aratup Banerjee Ms. Poulami Ray ..for the respdt.4 Mr. Pinaki Ranjan Chakraborty ..for the respdts.11,13,14 Initially, the writ petition was moved alleging inaction of the police authorities. It was urged that although a complaint was filed by the petitioners with regard to the unfortunate death of their son on account of negligence of the doctors, no steps had been taken by the police authorities.

When the writ petition was moved, this Court was apprised of the fact that on the basis of the complaint of the petitioners an F.I.R. was registered and investigation was in progress.

Learned advocate for the West Bengal Clinical Establishment Regulatory Commission drew the attention of the Court to its decision. The petitioners

were directed to approach the West Bengal Medical Council.

The Court also directed the West Bengal Medical Council, to take necessary decision in this regard. Today, Mr. Bhowmick, learned advocate for the West Bengal Medical Council, submits that the enquiry by the Council was complete and a decision shall be taken within a week.

The writ petition is disposed of with a direction upon the West Bengal Medical Council to pass necessary orders and decide the issue raised before it, within a week from date of communication of this order. If the police investigation is still pending, the police authorities shall conclude the investigation expeditiously, and strictly in accordance with law. The allegation made in this writ petition have not been considered.

This writ petition is disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)