Astami Pal (Dutta) v. The State Of West Bengal And ORS.

09.09.2022.

Court No.13 Item No. 128 ap W.P.A. No. 17377 of 2022 Astami Pal (Dutta)

Versus

The State of West Bengal & Ors.

Mr. Jayanta Narayan Chatterjee, Mr. Debasish Banerjee, Ms. Nandini Chatterjee, Mr. Supreem Naskar, Ms. Sreeparna Ghosh, Ms. Pritha Sinha.

...For the petitioner.

Mr. Amitesh Banerjee, ld. Sr. Standing Counsel, Ms. Ipsita Banerjee.

...For the State.

Mr. Uttam Kumar Bhattacharya, Mr. R. Chakraborty.

...For the respondent no.7.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved with the report in final form filed by the CID, West Bengal in respect of Sabang Police Station Case No. 311 of 2017 dated 09.11.2017.

Counsel for the petitioner complains that in respect of an unnatural death which the police initially opined as a suicide, FIR was registered under Section 304A of the Indian Penal Code. It is further submitted that Section 302 of the Indian Penal Code ought to have been investigated under. It is also submitted that

a mistake of fact has been recorded as the conclusion of the CID, West Bengal.

The petitioner has filed an application under Section 173(8) of the Cr.PC against the said final report.

In those circumstances, the jurisdictional Magistrate shall dispose of the petitioner's Narazi application within a period of three weeks from the date of communication of a copy of this order. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)