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Showing contexts for: second post mortem in Subhash Chandra @ Chandara Paik vs The State Of West Bengal & Ors on 5 August, 2025Matching Fragments
Two appeals are taken up for analogous hearing, as issues involved are similar. Prayer for second Post Mortem Report made by the writ petitioners was not allowed by the learned Single Judge in the two different writ petitions.
2. Primary issue involved in both the appeals is whether a Constitutional Court should grant the relief of a second Post Mortem.
3. Two persons expired in an incident on July 12, 2025.
4. Two complaints were lodged with regard to such death. Police registered two separate First Information Reports with regard to the two complaints. Police are investigating both the cases as of murder.
9. Learned Senior Advocate appearing for the appellant in M.A.T. 1235 of 2025 submits that, the victim was murdered alongwith the other victim involved in M.A.T.1233 of 2025. He submits that, a second Post Mortem Report of the victim involved in M.A.T. 1235 of 2025 is imperative in view of the fact that both the victims went to attend a particular occasion together and were found dead by their relatives subsequently. Cause of death is required to be unearthed and that a second Post Mortem would assist such discovery.
10. Learned Advocate General appearing for the State submits that, a second Post Mortem should not be directed as a matter of course. He submits that, there is no material on record to suggest that, the first Post Mortem Report is insufficient or incorrect. None of the appellants ever complained contemporaneously about the alleged inadequacy of the first Post Mortem Report. He submits that, if requests for a second Post Mortem Report is accepted for the asking then the same would lay down a dangerous precedent.
2025:CHC-AS:1483-DB
27. In such circumstances, we direct a second Post Mortem alongwith videography of the second Post Mortem be held on the two victims.
28. The second Post Mortem of the two victims be held at SSKM Hospital. Superintendent, SSKM Hospital is requested to constitute appropriate team for such purpose. Reports of the second Post Mortem be kept in a sealed cover to be collected from the Superintendent, SSKM Hospital by the jurisdictional Superintendent of Police. The second Post Mortem Report will abide by the decision of the learned Single Judge in the pending writ petitions. The Post Mortem at SSKM be conducted under the supervision of the jurisdictional Judicial Magistrate.