Calcutta High Court (Appellete Side)
Kc Abdul Gaffar vs The State Of West Bengal & Ors on 28 March, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
66
28.03.2019
W.P. No. 5545(W) of 2018 KC Abdul Gaffar Vs. The State of West Bengal & Ors.
Md. Younush Mondal.
... for the petitioners.
Mr. Samrat Sen Mr. Amitava Mitra Mr. Saikat Chatterjee.
... for the State.
Report as called for by the order dated March 14, 2019 filed in Court be taken on record.
Learned advocate for the State produces the case diary. The same is perused and returned to the learned advocate for the State.
The petitioner is aggrieved by the investigation with regard to the unnatural death of his son. The post mortem report states that, the death was due to drowning and ante mortem in nature. The post mortem report also notes that, there is no injury either external or internal found from the dead body.
The report filed by the State is of the view that, there is no evidence of homicidal death in terms of the post mortem report.
The report also considers the observations made by the Court on March 14, 2019 with regard to the mobile phone location. It states that, since the data with regard to such mobile is no longer available 2 in the system, nothing could be ascertained with regard thereto. The report notes that, the police have completed the investigation and submitted a final report of mistake as to fact with the Jurisdictional Magistrate.
In such circumstances, it would be appropriate to permit the parties to file affidavits.
Let affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed two weeks thereafter.
Liberty to mention.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)