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In Re: Jharna Halder vs The State Of West Bengal & Ors on 7 September, 2018


Item No.11
Court No.15
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.)

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