Jugal Mondal v. State Of West Bengal And ANR

10.12.2020.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10073 of 2020 (Through Video Conference) Jugal Mandal -versus The State of West Bengal & Ors.

Mr. Biswajit Tiwari ...for the petitioner Mr. Samrat Sen, Ms. Sutapa Sanyal ...for the State The petitioner has come up with a grievance that, despite the petitioner having lodged a complaint regarding the death of his son, the police was inordinately late in registering a First Information Report and, thereafter have done precious little with regard to such investigation. The petitioner also alleges that the personal security of the petitioner is under threat, for which the petitioner has also approached the police, without any result.

Learned senior counsel appearing for the Staterespondents fairly submits that since the case concerns the death of the petitioner's son, the respondents do not want to proceed on an adversarial footing. However, learned senior counsel submits that a First Information Report has been registered and investigation is going on with regard to the unfortunate

death of the petitioner's son. Moreover, the police are ready to give protection to the petitioner, if need be, without going into the veracity of the truth as to whether the petitioner is actually under threat. In view of such circumstances, W.P.A. No. 10073 of 2020 is disposed of by directing the concerned Investigating Officer of the local police station to take urgent steps for completion of the investigation pursuant to the First Information Report lodged on the basis of the petitioner's complaint and to file a report in respect of such investigation with the Executive Magistrate having jurisdiction in the matter, for consideration by the Magistrate, within four weeks from date.

The respondent no. 3 is directed to provide police protection, in the event the petitioner has lodged a complaint regarding protection of the petitioner's life and property, in case there is a threat perception prevailing in that regard.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)