Champak Malakar And ORS v. State Of West Bengal And ORS.

25.11.2022.

Court No.13 Item No. 9 ap W.P.A. No. 24862 of 2022 Champak Malakar & Ors.

Versus

The State of West Bengal & Ors.

Mrs. Juin Dutta Chakraborty.

...For the petitioners.

Sk. Md. Galib.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioners are aggrieved that Kalyani Police Station, Ranaghat Police District has not investigated into the complaint dated 16th October, 2022 filed as regards the unnatural death of the father of the petitioner no.1.

The petitioners have claimed that the tenants of the petitioners' father, may have been involved, since they had obstructed and objected to construction by the petitioners of the additional rooms in the father's property.

The State has also received another complaint from the respondent no.10, who is the elder son of the deceased that the petitioners are responsible for the death of the father.

The police have registered an FIR in respect of a complaint of the respondent no.10 being Kalyani Police Station Case No. 601 of 2022 dated 20th October, 2022 under Sections 306/506/34 of the Indian Penal Code.

It appears from the instructions of the Kalyani Police Station, Ranaghat Police District dated 21st November, 2022 that statements under Section 164 of the Code of Criminal Procedure have been recorded. It further appears therefrom that the petitioner nos.1 and 2 are stated to have had a hot altercations with the father and obtained a sum of Rs.50,000/- from them.

This Court is of the view that these are the matters of investigation. The complaint of the petitioner, shall be investigated along with the subject FIR being No. 601 of 2022 dated 20.10.2022.

It is expected that investigation is completed expeditiously, preferably within a period of three months from the date of communication of a copy of this order.

With the aforesaid observations, the instant writ petition shall stand disposed of.

The instructions in the form of report of Inspector-in-charge, Kalyani Police Station, Ranaghat Police District dated 21st November, 2022 addressed to the Government Pleader, High Court, Calcutta is taken on record.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)