Sk Shamsher v. State Of West Bengal And ORS.

S/L 37 30.6.2022 Court. No. 19 sn WPA 10619 of 2022 Sk. Shamsher Vs.

The State of West Bengal & Ors.

Mr. Avishek Bhandari Mr. Arkadeb Bhattacharjee Mr. Dipayan Dan ... for the petitioner Mr. Subhabrata Datta Mr. Banibrata Datta ..for the State Having considered the submissions of the respective parties, it appears that the investigation with regard to the unfortunate death of the petitioner's son, is at a very early stage.

The police report indicates that the place of occurrence was visited. Statements available from the local persons under Section 161 of the Code of Criminal Procedure, were recorded. The investigating officer tried to collect the CCTV footages, but the CCTV cameras surrounding the place of occurrence were non functional. The offending motor cycle was seized along with two other motor cycles, which were present at the spot, at the time of the incident. Opinion of mechanical experts were taken. The vehicle was thoroughly examined in order to understand whether any accident had actually taken place.

The victim was taken to three hospitals. It appears that the victim also gave a statement to the attending doctor at SSKM. The police authorities have

submitted that the post mortem report was collected and the investigation shall be concluded shortly. Having considered the police report and the statement of the petitioner, this Court is of the view that the police authorities who are investigating into the matter, must allow the petitioner an opportunity to suggest probable steps that may be taken. The suggestions and opinion of the petitioner shall be taken, to arrive at a conclusion.

The Inspector-in-Charge, Sankrail Police Station shall monitor the entire investigation.

The police report is taken on record.

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.)