Rufiya Bibi v. State Of West Bengal And ORS.

64 29.01.2024 WPA 24188 of 2023 NB Ct. 14 Rufiya Bibi Vs.

The State of West Bengal & Ors.

Mr. Kallol Kumar Basu, Md. Jannat ul Firdous, Mr. Rajesh Naskar.

...for the petitioner.

Mr. Ansar Mandal, Md. Idrish.

...for the State.

Mr. Tapan Dutta Gupta, Ms. Ipsita Ghosh.

...for the respondent nos.6to10 & 12to21.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant and the hapless wife of the victim deceased who was hacked to death by the accused by using sharp cutting weapons. Although an FIR was registered being Khargram PS CaSe No.231 dated 08.07.2023 under Sections 364 and 302 of the Penal Code, till date no positive steps have been taken by the police. Out of the 16 accused, only one has been arrested yet. Charge sheet has not been submitted till date. The petitioners are seen moving around freely and they are regularly threatening the victim's family.

Learned counsel appearing on behalf of the private respondents/accused nos.6 to 10 and 12 to 21 denies the allegations and submits that his clients are innocent. Learned counsel appearing on behalf of the State relies on the report and submits that investigation is going on in

accordance with law. Necessary seizures have been done and witnesses examined. Even CDR and tower location of mobile phone numbers of the accused have been analysed. However, till date only one accused could be arrested. Prayer has been made for issuance warrant of arrest against the others. It is unfortunate that a case of murder that was started in the early part of July, 2023 has not seen its result yet. No report in final form has been filed. Surprisingly, only one out of eighteen accused has been arrested.

Let further investigation of the case be conducted by the CID.

The CID shall thereafter conclude the investigation expeditiously and in accordance with law.

However, the Officer-in-Charge of the Khargram Police Station shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)