Calcutta High CourtWPA(P)/362/2024disposed

Madhusudan Singha v. Union Of India And ORS.

2024-09-19The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

19.09.2024 Item No.11 PG/KS Ct. No.1 W.P.A.(P) 362 of 2024 Madhusudan Singha

Versus

The Union of India & Ors.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder Mr. Manas Das Mr. Tushar Kanti Hazra ..............for the petitioner Mr. Dhiraj Trivedi, Ld. DSGI Mr. Proloy Bhattacharya.........for the Union of India Mr. Jahar lal De Mr. Durga Bhusan Mukherjee.....for the State Mr. Pantu Deb Roy Mr. Pannalal Bandyopadhyay....for the respondent nos. 2,3,6,7 and 8

1. The petitioner seeks for a direction upon the respondents to inquire into an unfortunate incident, which took place on August 15, 2024 by registering a criminal case within a stipulated time and to be investigated by a Special Investigation Team.

2. When the matter was heard on August 29, 2024, it was the submission made on behalf of the petitioner that though an F.I.R. has been registered in F.I.R. No. 244 of 2024 dated August 16, 2024 by the Jhargram Police Station, the persons, who have been arrayed as accused in the said case, are not the real culprits. Therefore, liberty was granted to the petitioner to disclose the names of the real culprits so that the police can take further action.

3. Learned advocate for the petitioner would submit that the petitioner has collected a few names and is in the process of collecting the other names as well.

4. In the light of the above, we dispose of this writ petition by directing the petitioner to lodge a fresh complaint clearly stating the names of the persons, who, according to the petitioner, are the real culprits. On receipt of the complaint, necessary inquiry shall be made and if a case is made out, F.I.R. shall be registered and the same shall be investigated along with the F.I.R. No. 244 of 2024.

5. This direction be complied with by the concerned police authorities within three weeks from the date on which the petitioner files fresh complaint disclosing the names, who, according to the petitioner, are the real culprits.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)