Fayjan Khadim @ Fayajan Khadim v. State Of West Bengal And ORS.

27-08-2021 ct no. 13 Sl.122 sp WPA 11767 of 2021 Fayjan Khadim @ Fayajan Khadim -VersusState of West Bengal & Ors.

(Via Video Conference) Md. Sarwar Jahan, Mr. Sumanta Das, Mr. Binay Shaw ...for the petitioner Mrs. Amrita Panja Moulick ....for the State Affidavit of service filed in Court today is taken on record.

At the instance of the writ petitioner, the learned Chief Judicial Magistrate, Krishnagar, Nadia has ordered investigation in respect of the injury sustained by the husband of the petitioner, Kalu Khadim.

It is also submitted that the daughter-in-law of the petitioner has also sustained injuries in course of the incident. The accused persons are the private respondent nos. 6 to 11.

Counsel for the State submits that the petitioner has not cooperated in the investigation. The petitioner was asked by the police to undergo further medical treatment, which has been refused. Investigation as of now has revealed that the injuries sustained by the petitioner are not stab wounds, but a result of a bamboo injury. It is also submitted that the police have found no 'Salish' had

occurred in the village as submitted in the complaintant.

This Court is of the view that the investigation in the matter should be completed expeditiously. The emergency ticket of Bethuadahari, RH, Nadia that there is deep cut on the side of the abdomen must also be taken into consideration. The opinion of the medical officer that there was an attempt to murder, is not conclusive but may be considered in the investigation. The Investigating Officer may also examine the documents annexed to the writ application.

In that view of the matter, let the I.O. complete the investigation mandatorily and positively within a period of one month from date.

Let a final report be filed before the concerned Magistrate.

The petitioner shall be entitled to take objection to such report, if so advised, inter alia, under Section 173 of the Cr. P.C.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)