Smti. Reba Mondal v. The Union Of India And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA /34/2020 Smti. Reba Mondal ... Petitioner Vs.
The Union of India and Ors.
... Respondents Mr. Ananda Halder ...for the Petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ...for the Respondents December 14, 2022 [MAM] Item No.36 The instant writ application is filed with substantive prayers as follows:- (i) Commanding the respondent No. 3 and 4 to investigate the case of murder of deceased Amit Kumar Mondal by a independent agency like Central Bureau of Investigation, New Delhi and initiate proceeding against the erring Police Officer who involved in the commission of murder of Amit Kumar Mondal.
(ii) The respondent No.3 and 4 may be directed to compensate the petitioner to the tune of Rs.
25,00,000/- (Rupees twenty five lakhs only) for lost of life of her son Amit Kumar Mondal murdered by the Police.
Both the learned advocates appearing on behalf of the parties to this writ petition is present. As a matter of fact this writ application was filed on the ground that the deceased son of the petitioner, aged about 24 years was standing in front of his house at Govinda Nagar Swaraj Dweep (Havelock) at about 7 P.M. and at that point of time one police Head Constable namely Shir Naidu along with three more police constables came there from Police
Station, Swaraj Dweep (Havelock) and took the son of the petitioner to the Police Station with the allegation that he created public nuisance being intoxicated but that was false and fabricated. It was further alleged that the son of the petitioner was assaulted mercilessly by those Police officers and he became senseless. At about 9.00 P.M. the said Police Head Constable Mr. Naidu came to the house of the petitioner and informed the petitioner that her son was arrested by the Police for creating public nuisance and taken to Police Station and asked the petitioner to come to Police Station for taking him back from the Police Station. Thereafter, the elder son of the petitioner went to the Police Station to take his brother, but he found the dead body of the his brother lying on the floor of the Police Station. He was taken to Primary Health Center, Swaraj Deep, but the Doctor declared him dead.
According to petitioner that her son succumbed to injuries caused by the Police in course of assault. It has been further alleged that Post Mortem Examination was done in presence of the Investigating Officer. On complaint the dead body was further Post Mortem by one Dr. Y.Uday Shankar, Associate Professor, Head of the Department, Forensic Medicine and Toxicology, ANIIMS, Andaman & Nicobar Islands. Post Mortem Reports also substantiated the cause of injury pleaded by the petitioner. However, petitioner made complaint before several authority including Hon'ble President of India and
thereafter the matter was taken care of. FIR was lodged, case was started and after completion of investigation the charge sheet was submitted against two erring Police Officer.
On careful perusal of the writ application along with the documents, I find that the legal rights of the petitioner has already been protected by initiating criminal proceedings at the instance of authority concerned. In fact the denied legal right must be legally enforceable right as well as legally protected right before one suffering a legal grievance can ask for mandamus. There must be demand by person seeking relief and the same demand must have been refused by the concerned authority.
In this case I do not find any denial of demand placed by the writ petitioner. In course of hearing learned advocate appearing on behalf of the writ petitioner has submitted that Police has taken steps in view of the intervention by the Hon'ble President of India lastly.
From the aforesaid facts and circumstances I do not find any reason to issue any writ of mandamus for any grievances which has already been taken care of by the concerned authority.
With the aforesaid observation the prayers of the writ application stands dismissed.
However, the petitioner is at liberty to approach before the concerned Court where the criminal case is
pending against the two Police officials, within the relevant provision of Code of Criminal Procedure.
(Bibhas Ranjan De, J.)