W.P. No. 13435 (W) of 2018
In re: An application under Article 226 of the Constitution of India filed on 27.07.2018;
In re: Jharna Halder
– Versus –
The State of West Bengal Ors.
Mr. Debasish Banerjee
Mr. Shuvanil Chakraborty
For the Petitioner
Mr. Subhabrata Datta
Mr. Bani Brata Datta
For the State
Affidavit of service filed by the petitioner be kept on record.
Mr. Banerjee, learned advocate appearing for the petitioner submits that she
received an information on 31st May, 2018 that her married daughter, namely, Priti
Pingal Halder, had sustained burn injuries and had been admitted to M.R. Bangur
Hospital at Tollygunge. Subsequent thereto, the petitioner lodged a complaint before
the respondent no. 4 and the same was treated as FIR and Bansdroni P.S. Case No.108
dated 3rd June, 2018 was registered under Sections 498A/307/34/120B of Indian Penal
Code and Sections 3 and 4 of the Dowry Prohibition Act. Unfortunately thereafter, the
petitioner’s daughter succumbed to the burn injuries on 5th June, 2018. Such fact was
also intimated to the respondent no. 4 on 6th June, 2018 but the Investigating Agency
did not take necessary steps for inclusion of appropriate sections and such inaction on
the part of the police authorities warrants interference of this Court.
Mr. Datta, learned advocate appearing for the State respondents denies such
contention of Mr. Banerjee and submits that upon receipt of information that the
petitioner’s daughter had been admitted with burn injuries to M.R. Bangur Hospital, an
officer attached to the Bransdroni P.S. went to the said hospital and met with the
attending doctor and the statement of the victim girl was recorded in presence of the
attending doctor. Thereafter, the husband and elder brother-in-law of the petitioner’s
deceased daughter were arrested and they were in judicial custody for a period of 54
days and 24 days respectively.
He further submits that after the death of the petitioner’s daughter on 5th June,
2018, the provisions initially incorporated in the FIR have been amended and sections
304B/34 of the Indian Penal Code were added and investigation is in progress. The
written instruction, as produced by Mr. Datta, be kept on record.
In view of the steps taken by the Investigation Agency, the allegation of inaction
against the police authorities is not sustainable. However, as investigation is in progress,
this Court directs the Investigating Agency to conduct the investigation in Bansdroni P.S.
Case No. 108 of 2018 dated 03.06.2018 in a fair and impartial manner and to conclude
the same at early date.
With the above observations and directions, the writ petition is disposed of.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the
learned advocates for the parties upon compliance of all necessary formalities.
(Tapabrata Chakraborty, J.)