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Sajahan Badsha & Ors vs Unknown on 20 September, 2018


78 20.9.2018

C.R.M. 6981 of 2018
C.R.M. 6249 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 30/08/2018 in
connection with Ketugram P.S. Case No. 337 of 2017 dated
13/11/2017 under Sections 498A/302/201/34 of the Indian
Penal Code.


In the matter of: Sajahan Badsha Ors.

Rabiul Alam Ors.


Mr. Milon Mukherjee
…for the petitioners.

Mr. Rudradipta Nandy
…for the State.

Mr. Suman Banerjee
…for the de facto complainant.

The petitioners say that the petitioners have communicated with the

local panchayat and a direction may be issued to the Investigating Agency to

take immediate appropriate steps to exhume the body of the deceased and

conduct a medical examination thereon.

A letter dated September 19, 2018 issued by the Prodhan of the

Berugram Gram Panchayat (Ketugram-1 Panchayat Samity) has been handed

over on behalf of the petitioners to the court.

Let such original letter be retained with these papers with copies of

such letter being made over by an officer of this court to the petitioners and

the State. It appears from such letter that the Prodhan claims that Nasrin

Banu, wife of Ataur Rahaman of Village-Berugram died on April 13, 2017 and

she has been buried at Chinishpur graveyard. The letter also claims that in

2016-17 the graveyard has been filled with additional earth.

The Investigating Officer will immediately proceed to the graveyard,

seek the assistance of the Prodhan to cause the body to be exhumed and take

necessary steps for its preservation for the purpose of medical examination.

The matter will appear on October 1, 2018.

The de facto complainant is also represented and says that a writ

petition has been filed by the de facto complainant in connection with the

same matter.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)

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