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Calcutta High CourtWPA/11421/2023disposed

Tapashi Bose And ORS. v. State Of West Bengal And ORS.

2023-05-12Hon'Ble Justice Rajasekhar Mantha2 pages

12-05-2023 ct no. 13 sl. 15 sp WPA 11421 of 2023 Tapashi Bose & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Ivan Roy, Mr. Nirupam Dutta, Mr. Soumyadeep Das ...for the petitioners Mr. Debasish Ghosh, Mr. Prantik Garai ...for the State 1.

There is a tug of war between the sister and the brother of the deceased and another person claiming to be the mother's sister's daughter, over the body of one Debasish Ghosh, who died in his house.

2.

The body may be handed over jointly to the petitioners as well as the private respondents who may cremate the same. The handing over the body and cremation shall not confer any special equity on any of the parties.

3.

The body shall be taken from the police morgue by the petitioners as well as the private respondents day-after-tomorrow (14.05.2023).

4.

The petitioners shall serve notice of this order by hand to the private respondents by

tomorrow (13.05.2023).

If the private respondents are not present, the body will be handed over to the petitioners.

5.

With the aforesaid observation, the instant writ petition shall stand disposed of.

6.

There shall be no order as to costs.

7.

The report of the Netaji Nagar Police Station dated 12.05.2023, is kept with the record.

8.

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

(Rajasekhar Mantha, J.)