Hafijul v. State Of West Bengal And ORS.

09.09.2025 Ct. No.35 Sl. No.40 akd W. P. A. 20342 of 2025 [Hafijul -Vs- The State of West Bengal & Ors.] Mr. Sabyasachi Chatterjee Mr. Aritra Ghosh ... ... for the petitioner Mr. Jayanta Samanta .. Jr. Govt. Advocate Ms. Indumouli Banerjee ... ... for the State Affidavit-of-service filed in Court today be kept with the record.

Petitioner has approached this court being aggrieved by the inaction on the part of the police authorities. State has submitted a report. Report reflects that Chanchal Police Station Case No. 998 of 2025 was registered for investigation on 29.07.2025 under Sections 137(2)/127(6)/3(5) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, on 01.08.2025, prayer was advanced before the learned Additional Chief Judicial Magistrate, Chanchal, Malda for addition of Sections 103(1)/238/61(2) of the Bharatiya Nyaya Sanhita, 2023. In course of investigation, police authorities, on or about 05.09.2025, were pleased to arrest one of the accused persons named Sebina Bibi @ Selina. Prayer for police custody was also advanced before the learned Magistrate.

Having considered that the police authorities had, at the appropriate stage, already taken steps for unearthing the truth and the fact that investigation is still under process, the grievance of the petitioner relating to complicity of the rest of the

accused persons and their custodial interrogation requires to be addressed by the Investigating Agency.

Accordingly, I direct that the Investigating Officer would assess regarding the grievances of the petitioner as a murder case is being investigated. The gravity, nature and heinousness of the offence on the face of it being available from the case diary, I further direct that a superior officer of the police in the rank of Additional Superintendent of Police/Sub Divisional Police Officer will monitor the investigation of the case and guide the Investigating Officer to arrive at a logical conclusion. With the aforesaid observations, WPA 20342 of 2025 is disposed of.

Case diary be returned to the learned Advocate appearing for the State-respondents.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)