Bablu Das vs The State Of West Bengal & Ors on 4 May, 2017

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04.05.2017
594
as

W.P.12916 of 2017
Bablu Das
Versus
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
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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

petitioner.

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.

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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

formalities.

( Joymalya Bagchi, J.)

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