Calcutta High Court (Appellete Side)
Pallabi Hatui Nee Hal vs The State Of West Bengal & Ors on 27 November, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
27‐11‐2017
S.D.
W.P. 26968 (W) of 2017
Pallabi Hatui nee Hal
Vs.
The State of West Bengal & Ors.
Mr. Prasenjit Mookherjee
....For the Petitioner.
Mr. Sakhya Sen
Mr. Amrit Lal Chatterjee
...For the State.
Mr. Mrinmoy Bhattacharya
....For the Respondent Nos. 4, 5 & 6.
The complaint is of police inaction.
Learned Advocate for the petitioner submits that, the husband of the petitioner was murdered by the private respondents. He submits that, there is a complaint made by the private respondents in relation to the death of her husband against the petitioner. The police are investigating on the basis of the complaint initiated by the private respondents.
2Learned Advocate for the petitioner relies upon 2006 (2) SCC 677 (Ramesh Kumari vs. State (NCT of Delhi) & Ors.) for the proposition that, it is the duty of the police to register a First Information Report. Moreover, a citizen is entitled to invoke Article 226 of the Constitution of India when the police refuses to register an F.I.R. despite the availability of Section 154 or 156 of the Cr.P.C., 1973. He relies upon 2014 (2) SCC 1 (Lalita Kumari vs. Government of U.P.) and submits that, the registration of F.I.R. is mandatory under Section 154 of the Code if the information discloses commission of cognizable offence and preliminary enquiry is permissible in such a situation. He submits that, in the facts of the present case, the complaint with regard to the death of the husband of the petitioner discloses a cognizable offence and that, the State is obliged to register a F.I.R. with regard thereto. The claim of the State that, the complaint of the petitioner has been tagged along with the complaint of the father‐in‐ law of the petitioner is of no substance and an independent F.I.R. should be registered and investigation should be conducted.
Learned Advocate appearing on behalf of the State submits that, the death of the deceased had occurred on December 28, 2016. The police had received a complaint from the father‐in‐law of the 3 petitioner with regard to such death. On the basis of such complaint, an Unnatural Death Case bearing No. 81/16, dated December 28, 2016 was started. On January 2, 2016, the father‐in‐law of the petitioner has submitted a written complaint against the petitioner and others to the effect that, the deceased had committed suicide due to abetment of the accused persons. On such basis, Amta Police Station Case No. 03/17, dated January 2, 2017 under Section 306/34 of the IPC was started against three persons. It is thereafter that, the petitioner had filed a complaint with the police alleging that, the death of her husband was neither by an accident, nor was a suicidal one. According to the petitioner, her husband was murdered in pre‐ planned manner. The complaint of the petitioner was tagged along with the pending Amta Police Station Case No. 03/17. Investigation was undertaken. A suicide note was recovered. The suicide note has been sent for forensic examination. The autopsy report returns a finding that, the death was due to head injuries and anti‐mortem in nature.
The private respondents are represented.
4Learned Advocate for the private respondents submits that, the father‐in‐law of the petitioner has not been made a party respondent in the present writ petition.
I have considered the rival contentions of the parties and the materials made available on record.
Lalita Kumari (supra) is of the view that, the registration of F.I.R. is mandatory under Section 124 of the Code if the information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation. In the present case, immediately on receipt of the information of the death of the deceased, an Unnatural Death Case was initiated. Thereafter, on receipt of a complaint from the father‐in‐law of the petitioner, a Police Station Case under Section 306/34 of the IPC was initiated. The mandate of Lalita Kumari (supra) was followed by the police authority. The Division Bench in Brajesh Jha (supra) has directed registration of the F.I.R. in the facts of that case. Ramesh Kumari (supra) is of the view that, existence of alternative remedy is not absolute bar to a person approaching the Court under Article 226 of the Constitution of India.
5
In the present case, the police have tagged the complaint of the petitioner with the pending Amta Police Station Case No. 03/17, dated January 2, 2017 under Section 306/34 of the IPC, the police are investigating into the complaint lodged by the petitioner also. The investigation is yet to attain finality. The claim of the petitioner is also being looked into. Therefore, it cannot be said at this stage that, there is any inaction on the part of the police authorities warranting interference by the Writ Court.
In such circumstances, W.P. 26968 (W) of 2017 is dismissed without any order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.) 6 7 8 9 10