Calcutta High Court (Appellete Side)
Lalbanu Mondal vs The State Of West Bengal And Ors on 26 April, 2022
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
26.04.2022 Court No.13 Item No.42 AP WPA 7257 of 2022 Lalbanu Mondal Vs. The State of West Bengal and Ors. Mr. Debasish Kundu Mr. Souma Subhra Roy ... For the Petitioner.
Mr. Amitesh Banerjee, Senior Advocate Ms. Ipsita Banerjee Mr. Tarak Karan ... For the State.
The petitioner complains that despite intimating the Gangnapur Police Station of offences inter alia under Section 376 of the IPC on her daughter, investigation has not taken place appropriately.
Counsel for the State submits that there are series of gaps in the statements made in the writ petition particularly argued that the time period from 7th March 2022 i.e. the date on which incident occurred, to 15th March 2022, when complaint of the hospital was received, remain unexplained.
Counsel for the petitioner submits that his client did not consent to a second post mortem since they are not received the first post mortem report. Counsel for the State submits on specific instructions that such post mortem report made available to the petitioner.
Be that as it may, since the petitioner now consents to exhumation of the body for a second post mortem, let the same be completed by the investigating 2 officer as expeditiously as possible, in accordance with the rules.
Let a copy of the first post mortem report be made available afresh to the writ petitioner for the sake of dispelling any controversy.
It appears to this Court that the investigation has been handed over by the Superintendent of Police, Ranaghat Police District to an independent officer of the rank of Deputy Superintend of Police.
Case diary and second post mortem report be produced before this Court on the adjourned date. A comprehensive status report be also filed before this Court on the adjourned date.
Let this matter stand adjourned and be listed on 11th May 2022 under the heading 'Specially Fixed Matter'.
(Rajasekhar Mantha, J.)