Tapas Kumar Goswami v. State Of West Bengal And ORS.

05.12.2025 rc/ct.no.05 Item No.04 WPA No. 18610 of 2024 Tapas Kumar Goswami

Versus

The State of West Bengal & Ors.

Dr. Achin Jana Mr. Prosenjit Ghosh Mr. Bhaskar Dalvi Ms. Chgetna Rustagi ..for the Petitioner Mr. Suman Ghosh Ms. Munmun Tewari ....for the State Report submitted by the State is taken on record. The matter pertains to a very unfortunate suicidal death of a medical student. The petitioner who is the father of the victim is aggrieved by the mode and manner of investigation and has filed the present application seeking a direction upon the police to conduct investigation in a fair and proper manner. This Court, by an order passed on July 22, 2025, directed exchange of affidavits. The said order was assailed by the petitioner before an Hon'ble Division Bench of this Court. By a judgment delivered on August 27, 2025, the Hon'ble Division Bench directed the investigating authority to take into consideration the submission made on behalf of the appellant in holding further investigation.

It appears that the final report was submitted on August 26, 2025, i.e. a day prior to delivery of the

judgment by the Hon'ble Division Bench. However, in compliance with the direction of the Hon'ble Division Bench, the investigating authority took up further investigation. The accused persons were examined and their mobile phones seized and sent for forensic examination. Reports are awaited.

Learned counsel for the State draws the attention of the Court to an opinion submitted by the All India Institute of Medical Sciences, Kalyani upon examining the inquest report, histo-pathology report and the post mortem report that there are no signs suggestive of sexual assault. The direction of the Hon'ble Division Bench appear to have been substantially complied with.

Since FRT has been submitted, the petitioner is at liberty to approach the jurisdictional Magistrate for redressal of his grievance in the event he is aggrieved by the final report or the mode and manner of investigation. The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)