Sri Ratan Banik v. State Of West Bengal And ORS

35 22.02.2021 CALCUTTA HIGH COURT Sc

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION (Via Video Conference) W.P.A. 567 OF 2021 ---------- Sri Ratan Banik -vs.- The State of West Bengal & Ors.

Mr. Sandip Mandal ....For the Petitioner.

Mr. Subir Kumar Saha Ms. Bedashruti Bose.

....For the State Mr. Sudipta Kanta Bhowmik Ms. Dipti Bhowmik.

....For the Respondent no. 7./L.I.C.I.

1.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in delaying the final PostMortem report. 2.

It is to be noted that the opinion regarding cause of death has been kept pending till receipt of histopathological and chemical examiner's report. More than four months have passed since the preliminary post-mortem report was filed with the above observation that the histopathological and chemical examiner's report is pending.

3.

I have heard counsel appearing for both the parties and perused the materials on record.

4.

In light of the submissions made, I direct the authorities concerned, being the respondents nos.5 & 6 herein to ensure that the reports are completed within ten (10) days and the reports are sent to the Inspector-in-Charge, Siliguri Police Station, being the respondent no. 3 herein.

5.

With the above direction the writ petition is disposed of. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)