Calcutta High Court (Appellete Side)
(Ganga Roy @ Ganga Ray & Anr vs The State Of West on 22 June, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
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22.06.2016
rrc W. P. 9084 (W) of 2016 (Ganga Roy @ Ganga Ray & Anr. Vs. The State of West Bengal & Ors.) Mr. Somopriyo Chowdhury Mr. Arnab Sinha Mr. Avishek Vandari ......For the petitioners Mr. Subhabrata Datta Mr. Benazir Ahmed ......For the State Status report has been filed by the Officer-in-Charge, Tangra Police Station dated 20th June, 2016. It appears from the report that the investigating officer is endeavouring to establish that the feet of the victim (petitioner no. 2) had to be amputated because of injury arising out of a train accident whereas it has been the consistent case set up in the written complaint as well as in the statement of the victim recorded under Section 161 of the Code of Criminal Procedure that his feet were chopped off by a chopper by the accused and he was left to die on a railway track and hearing the sound of an approaching train, he had somehow managed to escape death. The petitioners have prayed for investigation by the Criminal Investigation Department (hereafter the 'C.I.D.'). Having regard to the nature of investigation conducted so far and the prima facie perception of this Bench that the investigation is not proceeding in the right direction, it is made 2 clear that if upon consideration of the affidavit that is being invited by this order the Bench is not satisfied with the progress of investigation, investigation by the C.I.D may be directed. Opportunity is given to the said officer-in-charge to file an affidavit by Wednesday (29th June, 2016) to show that no exception to the investigation ought to be taken by this Court. List the writ petition on that date under the heading 'To Be Mentioned'.
Report of the officer-in-charge shall be retained with the records.
( Dipankar Datta, J. )