Calcutta High Court (Appellete Side)
Kausik Saman Kumar vs The State Of West Bengal And Others on 19 August, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
19.08.2025 W.P.A. 16563 of 2025
Item No.25
Ct. No.35
Kausik Saman Kumar
versus
The State of West Bengal and others
Mr. Rajdeep Majumder, Senior Adv,
Mr. Moyukh Mukherjee,
Ms. Sagnika Banerjee,
Mr. Soumya Raha,
... For the Petitioner.
Mr. Sourav Sen, Senior Adv,
Mr. Dipanjan Datta,
Mr. Ziaul Islam,
Mr. Partha Ganguly
... For the State.
Petitioner approached this Court being
aggrieved by the manner in which the State
authorities were dealing with the death of the
brother of the petitioner namely, Bistu
Kumar (deceased).
Learned Advocate appearing for the
petitioner submitted that the death of the
petitioner's brother is shrouded in
circumstances that are not only shocking but
also deeply disturbing, revealing a traumatic
instance of brutality coupled with deliberate
and conscious inaction on the part of the
police authorities. From the very beginning,
the entire sequence of events reflects a clear
attempt to shield the perpetrators and
manipulate the narrative in order to shield
the real culprits being the very protectors of
law.
2
Additionally it was contended that, the
conscience of the society stands deeply
shaken when such heinous and brutal
incidents occur, exposing the vulnerability of
individuals at the hands of violence and
abuse and what is more alarming is the
brazen inaction of the police authorities in
not registering a case of the petitioner and
the over action of the police in beating and
assaulting the brother of the petitioner to
death as per their whims and fancies, which
stares glaringly in the face of justice. Despite
the existence of clear and compelling
evidence indicating foul play, the law
enforcement agencies have failed in their
bounden duty to act in accordance with law,
thereby allowing impunity to flourish and
undermining the very foundation of the rule
of law.
On behalf of the petitioner the
sequence of incidents/events were brought
on record as follows:
a. That on 16.07.2025, the petitioner's brother
was taken to police station by the civic
volunteers in a false charge of stealing mobile
phone.
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b. That upon returning home, the petitioner's
brother was not able to eat. Upon being asked,
he told that he was brutally beaten up by the
police.
c. After 2 days, as the petitioner's brother was
not eating anything, his health started to
deteriorate. For the same, he was taken to
Sirkabad hospital on 18.07.2025 in the
evening.
d. The doctors informed that he has passed
away.
e. When the complainant went to register a case
to the Arsha Police Station, upon seeing the
post mortem, they refused to register any
complaint upon the same.
f. Moreover, the petitioner was not handed over
the copy of the post mortem report till date
even after request made to the authorities. The
post mortem was conducted in Deben Mahato
Medical College and Super Specialty Hospital,
Purulia.
g. The petitioner had made a complaint to the
Arsha Police Station and Superintendent of
Police, Purulia upon the death of the deceased
due to police brutality and assault in an
whimsical and arbitrary manner.
The letter of complaint which has been
treated to be FIR of Arsha P.S. Case No. 121
of 2025 dated 21.07.2025 is as follows:
The brother of the petitioner namely,
Bistu Kumar (deceased) on 16.07.2025 was
4
called to the Police Station by a Civic
Volunteer for accusations relating to theft of
mobile. After the deceased returned home
from Police Station he could not take any
food and divulged that the Police Authorities
assaulted him at the Police Station. As his
brother did not take any food for about two
days his health condition deteriorated, as
such for better treatment on 19.07.2025
evening he was taken to Sikrabad Hospital
when the Doctor declared him dead. The
petitioner therefore, prayed for proper
investigation into the complaint after
conducting post-mortem of the deceased.
The prayers which have been advanced
in the writ petition are as follows: -
i. CCTV footage of 16th July, 2025 and 17th July
2025 of Arsha Police Station.
ii. Constitution of SIT for investigating the death
of the petitioner's brother.
By an order dated 31.07.25, direction
was passed by this Court for production of
the case diary.
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State submitted a report dated
29.07.2025prepared by the Officer-in-Charge of Arsha Police Station.
The contention in the report was Arsha P.S. Case No. 121/2025 dated 21.07.2025, was registered for investigation under Section 103 (1) of BNS, 2023.
The Said case was registered on the basis of information sent by the petitioner to Superintendent of Police, Purulia.
The report submitted by the State dated 29.07.2025 by the Officer-in-Charge of Arsha Police Station narrates the state of events which the police authority projected before this Court :-
(i) On15.07.2025 one Shankar Bhagaban Mahato lodged a complaint before the police personnel of Arsha Police Station alleging that his mobile phone was missing near Arsha Shib Mandir and subsequently, he came to learn that one Bistu @ Bishnu Kumar kept the phone is question in his custody. On receipt of such application Arsha PS Part-IV No-221/25 was registered and ASI 6 Madhu Mangal Bauri was endorsed to enquire in the matter. Bistu @ Bishnu Kumar visited Arsha Police Station at about 15.40 hours. On 16.07.2025 Shankar Bhagaban Mahato also turned up at the Police Station along with his elder brother and on that occasion Bistu @ Bishnu Kumar returned the mobile phone to Shankar Bhagaban Mahato and his associate at the Police Station.
Thereafter, Shankar Bhagaban Mahato and Bistu @ Bishnu Kumar along with others left the Police Station premises and the issue was amicably settled between both the parties. To that effect uninterrupted CCTV footage is available at the Police Station.
(ii) On 27.07.2025 at 1:45 hours the police station received an information from GDMO of Sirkabad BPHC. To that effect that said Bistu @ Bishnu Kumar was brought dead at the said BPHC and subsequently UD case vide Arsha Police Station UD Case No. 20/2025 dated 20.07.2025 was initiated. Inquest was done at the BPHC and thereafter the body was shifted to Deben Mahato Government Medical College & Hospital, Hatuara, Purulia for holding post-mortem. Videography process was followed during the 7 inquest as well as when the post-mortem examination was conducted. In the post- mortem report the Autopsy Surgeon opined "
Death was due to the effects or diseased condition or organs as noted above a natural cause". And "No external or internal injuries detected on careful dissection and examination with the help of magnifying hand lens. No foreign body detected." The allegation labelled by the petitioner of assault as such are imaginary and motivated, manufactured and baseless.
(iii) A mail was received at the office of the Superintendent of Police Purulia as also Arsha Police Station in connection with the death of Bistu @ Bishnu Kumar. In the said mail it was reflected that the complainant namely Saman Kumar, complained that his brother Bistu @ Bishnu Kumar has been murdered by a Civic Volunteer, on the basis of complaint Arsha Police Station initiated as case being Arsha P.S. Case No. 121/2025 dated 21.07.2025 under Section 103(i) BNS.
As the complaint was submitted electronically the procedure under Section 173(1)(ii) of BNSS was followed and the complainant received the same.8
(iv) The Police authority denied that Bistu @ Bishnu Kumar was beaten and assaulted by Police to death and the allegations brought against the Police authorities in the paragraph are not based on fact which is substantiated by the report of the Autopsy Surgeon.
The aforesaid report was enclosed with post-mortem prepared by Dr. Shobhan Roy, Associate Professor, Department of Forensic Medicine and Toxicology, Deben Mahato Government Medical College & Hospital, Hatuara, Purulia West Bengal.
A prayer was also advanced before this Court for second post-mortem to be conducted and to that effect the accusations relating to torture by the Police authorities were highlighted as also the post-mortem report itself, which suffered from inherent inconsistencies.
After initial opportunity was granted to both the petitioner and State, this Court on perusal of the post-mortem report thought it fit and proper for the ends of justice, that a second post-mortem should be conducted at AIIMS, Kalyani.
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On 14.08.2025, the second post- mortem report which was prepared by the Board of Doctors AIIMS, Kalyani was placed before the Court.
On a primary assessment of the first post-mortem report and the second post- mortem report certain differences were palpable from the two post-mortem reports.
"1. A subcutaneous contusion with extravasation of blood into the deep muscular layer of size measuring 13 cm x 11 cm placed horizontally over left lower back of abdomen, which is just away from midline, 06 cm above the posterior superior iliac spine and 92 cm above the left heel is found. On deeper incisions and retraction of the flap further, contusion associated with extravasation of blood is found to be extended into deep layers of the muscles over the lower back (The injury is antemortem in nature).
2. A subcutaneous contusion with extravasation of bold into the deep muscular layer of size measuring 5cm x 3cm, placed obliquely over right lower back of abdomen, which is just away from midline, 09 cm above the posterior superior iliac spine and 101 cm above the right heel is found. On deeper incisions and retraction of the flap further, contusion associated with extravasation of bold is found to be extended into deep layers of the muscles over the lower back." 10
I have taken into account the difference of observations made in the first post-mortem prepared by the Autopsy Surgeon of Deben Mahato Government Medical College & Hospital, Hatuara, Purulia as also by the Board of Doctors of All India Institute of Medical Sciences, Kalyani.
The emphasis of the report which was submitted by the police authorities before this Court along with the case diary was that there were no external injuries of the deceased which is diametrically opposite to the observations of the Doctors who conducted the second post-mortem over the same body of the deceased.
I have also taken into account the manner in which the investigation of the case has been progressing and the reports which have been submitted which are basically at this stage denying the possibility of any offence having been committed. This itself is very dangerous, in fact when an investigation is in progress and the Police authorities are progressing with a fixed mind set without having kept any options open, there are bound to be mistakes.
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Needless to state that an investigation is a quest for unearthing the truth, as such the Police authorities are bound to collect materials and not have a judgmental approach while investigating a case. Considering the approach of the investigating authorities as well as the drastic difference of opinion between the first post-mortem and the second post-mortem which was pursuant to the direction passed by this Court and in order to instil public confidence so far as investigation of a case is concerned, I am of the view that the investigation of Arsha P.S. Case No. 121/2025 dated 21.07.2025 be transferred to the DIG, CID, Bhabani Bhaban, West Bengal. The DIG, CID, West Bengal will constitute a team of his own from the Homicide Department.
The investigating Officer is directed to handover all the materials within three days from date to the DIG, CID, West Bengal. The DIG, CID, West Bengal will prepare a separate case diary and place both the case diaries before this Court on 19th September, 2025 when the writ petition will appear under the heading 'To Be Mentioned'. 12
Petitioner being the elder brother of the deceased will make an application for returned of the body of the deceased before the learned CJM, Purulia in connection with Asrha P.S. Case No. 121/2025. The learned CJM will immediately pass directions so that the body is handed over to the bother of the deceased for cremation.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)