W.P.12916 of 2017
The State of West Bengal Ors.
Mr. Debasis Kar,
Mr. S. K. Deb,
Mr. Ainal Bari.
…for the Petitioner.
Mr. Sirsanya Bandopadhyay,
Ms. Pramiti Bandopadhyay.
…for the State.
It is submitted on behalf of the petitioner that his brother committed
suicide due to the instigation of the private respondent No.5 effective
investigation is being carried out in the matter by the police authorities.
Report is filed on behalf of the respondent police authorities wherefrom it
appears that on the complaint of the wife of the deceased Nilratan Das, criminal
case being Nimta Police Station Case No.67 of 2017 dated 26.2.2017 under
Section 498A/494 of the Indian Penal Code was registered against Nilratan Das
and other in laws including the petitioner and charge sheet has been filed
therein. It also appears that on the self same date, on the complaint of the
petitioner, Nimta Police Station Case No.68 of 2017 dated 26.2.2017 under
Sections 143/341/342/323/325/379/507 of the Indian Penal Code was
registered against the private respondent No.5 for assaulting Nilratan Das. The
said case has also ended in a charge sheet.
It further transpires that on 27.2.2017, the said Nilratan committed
suicide by jumping in front of a running train at 15 no railway gate within
Titagarh Police Station. Nimta Police Station Case No.82 of 2017 dated 9.3.2017
under Sections 306/34 of the Indian Penal Code was initiated against the private
respondent No.5 and subsequently the case was transferred to the Dum Dum G.
R. P. S. on the point of jurisdiction. The said report be kept with the record.
Copy of the report be handed over to the learned Advocate appearing for the
Over the matrimonial dispute between the deceased Nilratan Das and his
wife who also appears to have suffered a natural death in the meantime, criminal
cases have been registered against both the parties. On the allegation of abetting
the suicide of Nilratan, subsequent criminal case has also been registered
against the private respondent No.5. It is the grievance of the petitioner that
investigation in the said case is not being conducted properly.
Under such circumstances, I direct the investigating agency to take
necessary steps for recording the statements of the petitioner and his witnesses
under Section 161 of the Code of Criminal Procedure and conduct the
investigation exploring all angles including the concerns of the petitioner and to
conclude the same at an early date.
With the aforesaid direction, the writ petition is disposed of.
Since no affidavit-in-opposition has been called for, the allegations made in
the writ application deemed not to have been admitted by the respondents.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, shall be given to
the parties, as expeditiously as possible on compliance of all necessary
( Joymalya Bagchi, J.)