- (1.) The petitioner, the father of the victim, is the de facto complainant of Bizpur Police Station Case No. 26/2014 under section 302/34 IPC and under section 25/27 of the Arms Act. According to the allegations made in the aforesaid First Information Report, annexed with this criminal revision, on January 16, 2014 at around 9.30 p.m. at night, he was informed by his brother-in-law that about an hour back his son Banti @ Saikat was shot at TMC Party Office situated at Bakultala, Bijay Nagar Colony, Halisahar, has been removed to Kalyani JNM Hospital in a critical condition. Having received such information he rushed to the Hospital and found his son has been taken to the operation theatre and at that time he came to learn from his son's attending Doctor, his son disclosed to him that while he was at the TMC Party Office, three accused persons viz. Bapan, Samar and Sonai called him from there and when he came out to attend their call, they fired two shots at him, while one shot missed but another hit him. At the same night at around 12.30 a.m., his son was declared dead. The FIR was registered against three miscreants viz. Bapan, Samar and Sonai and they were arrested and charge sheeted.
(2.) Now, it is the case of the petitioner since due to some political pressure, police tried to screen the real offenders as also the said accused persons and refused to examine some of the vital independent eyewitnesses, the petitioner finding no alternative, approached this court invoking its extraordinary writ jurisdiction and moved a writ petition being W.P. No. 8281(W) of 2014. It is his further case, about 36 persons gave a mass petition to the police and in such petition they categorically disclosed besides the aforesaid three accused persons, there were other miscreants with them and they also took active party in commission of the offence and volunteered and offered to give their evidence to the police and although reminders were sent to the police but the Investigating Officer paid no heed to that. The police was deliberately delaying recording of statement of vital witnesses and even the de facto complainant of the case was not examined and the said mass petition was annexed with the writ application.
(3.) It appears from records when the writ application was admitted the Hon'ble Justice Dipankar Dutta directed the first six signatories in the mass petition to remain present in court on the next date fixed for hearing. Pursuant to the aforesaid order on March 13, 2014, the fifth signatory attended the court and after interacting with him, the Hon'ble Justice Dipankar Dutta found that the said witness appeared to be an eye witness to the occurrence. On the next date of hearing on April 4, 2014 the writ petitioner was directed to file an affidavit disclosing out of 36 signatories to the mass petition, how many of them were interrogated by the police and their statement was recorded under Section 161 CrPC. Finally, on June 11, 2014, the aforesaid writ application was disposed of, since charge sheet has already been submitted, with liberty to the petitioner if aggrieved to move the concerned Magistrate in accordance with law. ;