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1. It is an unfortunate case where dead body of a lady namely, Smt. Rama Banerjee is lying in the mortuary of Katwa Hospital since 14.02.2021 and even after one year and four months, her last rites have not been performed on account of the continuous resistance by the petitioner.

2. This writ petition has been filed by the petitioner with a plea that she is co-owner of a dwelling house situated at Paltia Road, Katwa Station Bazar, P.O. Katwa, P.S. Katwa, Dist. Purba Burdwan. Deceased Smt. Rama Banerjee is stated to be the aunt of the petitioner and the allegation is that private respondent No. 7 Nur Haque Mallick by practicing fraud got the sale deed executed from Smt. Rama Banerjee for which the petitioner had lodged FIR dated 19.09.2018 and had filed the Title Suit No. 150 of 2018 challenging the sale deed. In the criminal case the private respondent was granted bail on 21.03.2019. Further allegation is that Smt. Rama Banerjee was kept in illegal confinement for which a police report was made but no action was taken. So far as criminal case registered on the basis of allegation of fraudulent purchase of property, the investigating officer has concluded the investigation and had filed the final report on 18.07.2019 which was accepted by the Additional Chief Judicial Magistrate, Katwa by order dated 20.07.2019. The petitioner was aggrieved with the acceptance of the final report, therefore, she had challenged the order of the Additional Chief Judicial Magistrate, Katwa in a petition under Article 227 read with Section 482 and 483 of the Cr.P.C. Further allegation of the petitioner is that on 12.02.2021 private respondent through SMS had informed the petitioner that Smt. Rama Banerjee was admitted in the hospital and by SMS dated 14.02.2021 private respondent had informed the petitioner that Smt. Rama Banerjee had died in the Katwa Hospital. It is further alleged that the police on 15.02.2021 had informed the petitioner that dead body of Rama Banerjee was lying in the hospital morgue and asked the petitioner to take the dead body from the hospital. An allegation has been made that death certificate was wrongly issued by the hospital authorities to the private respondent and that the police and hospital authorities should have informed the petitioner and that it is not clear as to who had identified the patient as Smt. Rama Banerjee.

9. Record further reveals that on 06.02.2021 Smt. Rama Banerjee had fallen critically ill at her house and respondent No. 7 had admitted her to Katwa Sub-Divisional Hospital and had sent the information to the petitioner. She was treated in the hospital and had died a natural death. The relevant extract of the report of the superintendent Katwa Sub- divisional Hospital, Purba Bardhaman is as under:

"Smt. Rama Banerjee was admitted again in the FMW of Katwa sub-divisional hospital on 06.02.2021 at 10.42 am by Mr. Nur Haque Mallick. As mentioned in the BHJTs and statement made by the treating doctor the patient presented with complaint suggestive of Cerebrovascular accident for which she was put on conservation management and was advised again for transferring her to BMCH. The patient party did not transfer the patient as per advice of the treating doctor. The patient was given all possible measures under conservative management, but unfortunately, she died on 14.02.2021 at 8.35 pm. patient party was informed accordingly and her body was shifted to Hospital Morgue on 14.02.2021 at 10.30 pm for safety and security reason.

The hospital authority of Katwa Sub-Divisional Hospital, communicated the incident to the I.C Katwa PS vide memo no. KSDH/FM/-71 dated 15.02.2021 followed by communication letter vide memo no. Katwa SDH/OC/591 dated 18.03.2021, vide memo no. Katwa SDH/OC/709 dated 03.04.2021 with copies forwarded for information and necessary action to concerned Sub-Divisional District level officer in this regard.

It may be relevant to mention that as per available Hospital Record Smt. Rama Banerjee was previously admitted at Katwa S.D hospital in FMW (Female Medicine Ward) on 02.04.2020 at 12.02 pm and further discharged on 08.04.2020 at 8.35 am, where the name and signature of Nur Haque Mallick is found in the BHT (Bed Head Ticket) as patient relative and the person brought her."

11. So far as the allegation of the petitioner, that the police authorities have not taken any action on the petitioner's complaint, it is found that on the complaint of the petitioner dated 19.08.2018 FIR being Katwa P.S. Case No. 498 of 2018 dated 19.08.2018 for offence under Section 420, 406, 34 of the IPC was registered against the respondent No. 7 and during the investigation, a copy of the registered sale deed was collected by the police. Another complaint of similar nature with the same allegation made by the petitioner was also merged with the earlier complaint and the matter was investigated where the investigating officer found no substance in the allegation, therefore, he had closed the case and submitted final report being FRMF before the concerned Judicial Magistrate, Katwa, vide Katwa P.S. FRMF No. 25 of 2019 dated 20th of July, 2019. Subsequently after one year and two months, petitioner had filed naraji petition on 18.09.2020 before the Judicial Magistrate, Katwa challenging the closure report and the same was also rejected on 16.12.2020. On the petitioner's report dated 16.12.2020 with the allegation that her aunt was missing, again inquiry was conducted wherein it was found that she was living alone in her house without any support from any of her relatives including the petitioner and she was having the support from the respondent No. 7 only.