Calcutta High Court (Appellete Side)
Dolly Sarkar vs The State Of West Bengal & Ors on 26 February, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 Sl. No.93.
26‐02‐2019 S.D. W.P. 2818 (W) of 2019 Dolly Sarkar vs. The State of West Bengal & Ors.
Mr. Subrata Bhattacharjee Mr. H.K. Bose ....For the petitioner.
Mr. Subhabrata Datta Mr. Debashis Sarkar ....For the State.
The grievance of the petitioner is with regard to investigation carried out by the police into an unnatural death of her son.
Learned Advocate appearing on behalf of the petitioner submits that, despite specific allegation, the police have not investigated such angle.
Learned Advocate appearing on behalf of the State draws the attention of the Court to the post mortem report. He submits that, two boys went for a bath with none of them being adept in swimming. Both were found to be drowning. One of the boys was 2 rescued. The unfortunate son of the petitioner could not be rescued and he died due to drowning. Post mortem report bears such fact out. There is no other injury mark on the body. He refers to the post mortem report. He submits that, the viscera report is awaited. The police have recorded statements under Section 164 of the Cr.P.C. of the witnesses who witnessed the drowning. The police have also taken custody of the closed circuit television footage available.
In view of the investigation as conducted as aforesaid, at this stage I find no reason to intervene under Article 226 of the Constitution of India. No doubt, the police authorities will conclude their investigation and submit appropriate report before the jurisdictional Magistrate, in accordance with law and as expeditiously as possible.
It is open to the petitioner to take appropriate steps with regard to such report if she is still dissatisfied therewith.
W.P. 2818 (W) of 2019 is disposed of without any order as to costs.
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Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
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