- (1.) The petitioner in this art. 226 petition dated September 28, 2011 is questioning a decision dated March 29, 2011 (at p.66) given by a member of the West Bengal Human Rights Commission. The impugned decision dated March 29, 2011 is quoted below: From S.P.'s report it appears that charge sheet in the case has already been submitted under relevant sections of the law. However, the order of the Commission was called for a report from the S.P., Howrah. Ultimately, S.P. had merely forwarded the report of the I.O. Bantra P.S. against whom the allegations were made in the petition. This is not proper, S.P. should henceforth ensure that this kind of mistakes does not recur. Inform the S.P. accordingly.
(2.) A copy of a representation dated June 7, 2010 (at p.56) made by the petitioner to the officer in charge of Bantra police station in Howrah was sent to the West Bengal Human Rights Commission. The representation was regarding the following: Willfully negligent action and/or inaction on the part of Mr. Sovan Ghosh, S.I. in connection with Bantra P.S. Case No. 21 of 2010 Dt. 06.03.2010 under section 279/338 of Indian Penal Code arising out of G.D. Entry no. 321 of 06.03.2010.
(3.) It was alleged in the representation that the officer investigating the case started on the basis of an FIR No. 21 of 2010 dated March 6, 2010 under sections 279/ 338 IPC miserably failed and neglected "to book the case under appropriate sections i.e. 304A of IPC (causing death by a rash or negligent Act), section 337 of IPC (causing hurt by an act that endangers human life), section 184 (Driving Dangerously) and section 196 (Driving uninsured vehicle) of Motor vehicle Act.";