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Calcutta High CourtWPA/15021/2023disposed

Rambriksh Ram @ Rambriksha Ram v. State Of West Bengal And ORS.

2023-06-30Hon'Ble Justice Rajasekhar Mantha3 pages

30-06-2023 ct no. 13 sl. 13 sp WPA 15021 of 2023 Rambriksh Ram @ Rambriksha Ram -VersusThe State of West Bengal & Ors.

Mr. Koustav Bagchi, Mr. Debayan Ghosh, Ms. Priti Kar ...for the petitioner Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Mr. Tarak Karan ...for the State 1.

The petitioner is aggrieved that his son who is missing since June 8, 2023, has not been recovered till date.

2.

The Ghola Police have registered FIR being Ghola Police Station Case No. 248 of 2023 dated June 8, 2023 under Sections 363/365 of the IPC.

3.

Counsel for the State submits that the Investigating Officer has not found evidence to take steps against the respondent nos. 6 to 9 as on date and hence has not taken any measures in this regard. All efforts are on. 4.

Mr. Bagchi, learned counsel for the petitioner submits that there has been family enmity between the petitioner and the private

respondents and that may be the cause of the being missing.

5.

Having heard the learned counsel for the parties, this Court is of the view that the CID, West Bengal is better equipped to deal with the missing person. The investigation into the subject FIR shall stand transferred to the CID, West Bengal.

6.

The CID, West Bengal shall put in all efforts, to trace out the missing boy. All necessary steps for investigating the missing boy may be taken.

7.

It is made clear that the transfer of investigation to the CID, West Bengal is not based on any acts and omissions of the Ghola Police.

8.

In view of the above, the writ petition shall stand disposed of.

9.

Since the respondents have not called for any affidavit, all allegations made in the writ petition are deemed not to have been admitted.

10.

There shall be no order as to costs.

11.

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

(Rajasekhar Mantha, J.)