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Calcutta High Court (Appellete Side)

Sk. Mohiuddin vs The State Of West Bengal & Ors on 20 February, 2023

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

20.02.2023.

Court No.13 Item No. 14 ap W.P.A. No. 19617 of 2022 Sk. Mohiuddin Versus The State of West Bengal & Ors.

Mr. Mahammad Mahmud, Mr. Afrin Nahar Mondal.

...For the petitioner.

Pursuant to the order dated 9 th February, 2023, the Officer-in-charge, Dhaniakhali Police Station has produced the case diary before this Court.

The report of the Officer-in-charge, Dhaniakhali Police Station dated 17th February, 2023 in the form of instructions addressed to the Government Pleader, High Court, Calcutta is kept with the record.

It appears from the report that Charge-sheet No. 219 of 2022 dated 21.10.2022 has been filed. It further appears from the Charge-sheet that the eight years old daughter of the victim, Tanisha Mallick has deposed under Section 164 of the Code of Criminal Procedure that her mother died after her hand got entangled with a live electric wire and was electrocuted.

The Director, Forensic Laboratory Science, Kolkata, has not filed any report till date.

This Court takes a grim view of the conduct of the Director, Forensic Laboratory Science, Kolkata. 2 The report shall be collected by the Investigating Officer of Dhaniakhali Police Station from the Office of the Director, Forensic Laboratory Science, Kolkata by 27th February, 2023.

In the event the petitioner is still aggrieved with the charge-sheet, he may take up appropriate proceedings, inter alia, under Section 173(8) of the Code of Criminal Procedure.

The case diary is returned to the Investigating Officer of the case.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)