Sumanta Sarkar v. The State Of West Bengal And ORS.

01.12.2021 Court No.13 Item No.24 AP WPA 16759 of 2021 Smt. Sumana Sarkar Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Mrityunjoy Chatterjee Mr. Susnigdha Bhattacharyya ... For the Petitioners.

Ms. Karabi Roy Mr. Ashim Kumar Ganguly ... For the State.

Mr. Surajit Basu Mr. Manoj Kurmi ... For the Respondent No.6.

The Officer-in-charge, Bongaon GRPS has filed a report dated 1st December, 2021 in the form of instructions to Government Pleader. The same is taken on record. The said report may be made available to the learned counsel for the petitioner.

It appears that Bongaon GRPS Case No.7/2021 dated 21st March, 2021 was registered pursuant to a directions under Section 156(3) of the Code of Criminal Procedure against the private respondents under Section 302/34 of the Indian Penal Code. As many as 19 witnesses have been examined and statements have been recorded. The Bongaon GRPS is of the view that accused named in the FIR were not present at the scene of the crime.

Be that as it may, this Court directs the Bongaon GRPS to complete investigation within a period of one month from the date of communication of this order.

Viscera report has not yet been received from the forensic laboratory concerned. The Director of the said Forensic Laboratory shall make available the viscera report of the deceased to the Bongaon GRPS mandatory within a period of ten days from the date of receipt of the copy of this order.

Copy of the final report may be made available to the complainant writ petitioner. In the event the petitioner not satisfied with the same, appropriate steps may be initiated by the petitioner inter alia under Section 173 of the Code of Criminal Procedure.

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

There shall be no other 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.)