Calcutta High Court (Appellete Side)
Kc Chandra Sadhan Naskar Alias Chandra ... vs The State Of West Bengal & Ors on 5 July, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
38
05.07.2019
W.P. No. 10946(W) of 2019
KC Chandra Sadhan Naskar alias Chandra Naskar & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee
Mr. Soujanya Bandyopadhyay.
... for the petitioner.
Mr. Robiul Islam.
... for the private respondent.
Mr. Amitesh Banerjee Mr. Tarak Karan.
... for the State.
Case diary as called for by the order dated June 28, 2019 is produced. The same is perused. The same is returned to the learned senior standing counsel for the State in Court.
Police have closed the investigation after returning a finding of mistake of fact to the Jurisdictional Court in respect of a death, which the post mortem report says was caused due to drowning ante-mortem in nature.
Learned advocate for the petitioner draws the attention of the Court to the complaint lodged by the petitioner. He submits that, the police are yet to investigate all aspects. The petitioner wishes to record a statement under Section 164 of the Code of Criminal Procedure (Cr. P. C.).
Since, death of the son of the petitioner is involved and that the petitioner seeks to make a statement under Section 164 of the Cr. P. C., it would be appropriate to direct the police to cause further 2 investigation into the death of the son of the petitioner. The police will facilitate making of the statement under Section 164 Cr. P. C. by the petitioner. The police will also facilitate the making of statement under Section 164 Cr. P. C. as may be volunteered by any other person.
It would be appropriate to direct 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. The writ petition will be treated as 'ready for hearing' immediately on completion of the time period prescribed for filing affidavits. Liberty to the parties to mention for early hearing.
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.)