Talamai Soren v. State Of West Bengal And ORS.

14.05.2024 Ct. No. 14 Item 31 Cp WPA No. 16849 of 2023 Talamai Soren Vs.

The State of West Bengal & Ors.

Ms. Ipsita Ghosh ....for the petitioner.

Mr. Biswabrata Basu Mallick .....for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the mother of the victim deceased. The son had gone to his in law's place to bring back his wife. Thereafter he was found dead by the side of his house. Although an FIR should have been lodged under Section 302 of the Indian Penal Code, it was registered only under Section 306. The investigation is not being done properly. It is further contended that the private respondents are disturbing the petitioner.

Learned counsel appearing on behalf of the State relies on the report filed earlier and the case diary and submits as follows. The postmortem report indicates an antimortem hanging within 24 hours. The body was found by the side of the petitioner's house. There were no other injuries, except for the ligature mark which was prominent at some places. Statements of witnesses have

been recorded. Raids have been held to apprehend the accused. The investigation would be concluded at the earliest.

It appears that during investigation the Investigating Officer has taken several steps. He collected the postmortem report, examined the witnesses available and held raids to apprehend the accused.

Let the investigation be concluded expeditiously and in accordance with law. If the petitioner or the de facto complainant is aggrieved with the outcome of investigation, they shall be at liberty to file a Protest Petition or otherwise challenge the report in final form, in accordance with law.

In the meantime, the police authorities shall keep a sharp vigil at the locale, ensure that no breach of peace takes place at the locale where the petitioner resides. With these observations, WPA No. 16849 of 2023 is disposed of.

As affidavits were not called for, the allegations made are deemed not to have been admitted.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)