Sagarika Munda v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION APPELLATE SIDE
Present:
The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi With IA No.: CAN 1 of 2025 Smt. Sagarika Munda Vs.
The State of West Bengal & Ors.
For the Appellant : Mr. Billwadal Bhattacharyya, Ld. Sr. Advocate Ms. Sagnika Banerjee, Advocate Ms. Sharmistha Basak, Advocate For the State : Mr. Swapan Banerjee, Ld.APP Ms. Sumita Shaw, Advocate Mr. Soumen Chatterjee, Advocate Hearing & Judgment on : September 16, 2025 DEBANGSU BASAK, J.:-
1. Appeal is directed against the order dated August 25, 2025 passed in WPA 16765 of 2025.
2. By the impugned order, learned Single Judge disposed of the writ petition of the appellant by issuing several directions including the Sub-Divisional Police Officer to oversee the investigations.
3. Learned Senior Advocate appearing for the appellant submits that, the appellant lost her daughter. He refers to the post-mortem report of the deceased. He submits that, despite the death occurring in the month of December, 2024, there is no progress in the investigations. He refers to Paragraph 14 of the writ petition and submits that, the appellant named various persons which the appellant apprehends to be involved in the crime. He submits that, so far as his instructions are concerned, police did not take any steps against those named persons.
4. Learned Additional Public Prosecutor appearing for the State produces the case diary. He submits, on instructions that, the charge sheet is likely to be filed within a fortnight from date. He points out that, there was no complaint lodged at the behest of the appellant for alleged police inaction for a period of seven months prior to the filing of the writ petition. After the investigations resulted in arrest of family members of the appellant that the appellant approached the Writ Court for change of the Investigating Agency.
5. Appellant alleges police inaction with regard to the death of her daughter. Appellant seeks transfer of the investigation to another Investigating Agency.
6. The dead body of the victim was found on December 7, 2024 from a water body. A missing diary was lodged by the appellant on December
4, 2024. Appellant did not name any person as suspect in the crime at that material point of time.
7. Police undertook investigations. In course of investigations, police could record two statements under Section 183 of the BNSS. On the basis of such statements as also on the basis of other materials in the case diary, police proceeded to arrest four accused persons.
8. It is after a period of about seven months of the discovery of the dead body that the appellant approached the Writ Court with the allegation of police inaction and prayer for change of Investigating Agency. By this time, police arrested the accused persons and conducted a substantial portion of the investigations.
9. Learned Single Judge after considering the materials on record found it prudent to direct the SDPO to monitor the investigations.
10. At the time of hearing of the appeal, it is submitted on behalf of the appellant that, the jurisdictional Superintendent of Police or the Additional Superintendent of Police may be directed to supervise the investigations apart from the SDPO as already directed.
11. In the facts and circumstances of the present case, the police progressed substantially with the investigations.
12. The charge sheet is likely to be filed within 15 (fifteen) days from date as submitted in Court.
13. The date of the death is of December 7, 2024. We do not find any need to involve the SP or the ASP at this stage as few arrests are already made, the charge sheet is likely to be filed very soon.
14. In such factual matrix, we are not minded to interfere with the impugned order.
15. We find no merit in the present appeal.
16. MAT 1499 of 2025 and IA No. CAN 1 of 2025 are dismissed without any order as to costs.
(Debangsu Basak, J.)
17. I agree.
(AD) (Md. Shabbar Rashidi, J.)