ARKADEB MUKHERJEE Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2017-3-19
HIGH COURT OF CALCUTTA
Decided on March 17,2017

Arkadeb Mukherjee Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

JOYMALYA BAGCHI, J. - (1.) Writ petition has been filed by the son of one Arpan Mukherjee (since deceased) who suffered a ghastly death on the streets of a busy industrial township while he was on his daily morning walk on 10th May, 2012. It has been alleged in the First Information Report lodged with Hirapur Police Station that on the fateful day i.e. 10.05.2012 around 4.30 AM victim had left his residence in a Hero Honda motor-cycle for Burnpur stadium where he used to take a daily morning walk. It is further alleged while he was walking around the stadium at around 5.20PM/5.25 PM, some unknown assailants came on a motorbike and fired at him at point blank range. He suffered bullet injuries on his head and other vital parts of his body and was shifted to the hospital for treatment.
(2.) The de facto complainant who is the son of the victim and the petitioner herein rushed to the hospital where he found his father who was lying with bullet injuries had been declared dead by the medical officer. On the F.I.R. being lodged by the petitioner, investigation commenced through the local investigating agency.
(3.) Being dissatisfied with the indifferent manner of investigation the petitioner initially approached this Court in W.P. 20262(W) of 2012 and prayed for transfer of investigation to C.I.D. West Bengal. It appears that during the pendency of the said writ petition, investigation was taken up by C.I.D. West Bengal and such investigation was conducted under the leadership of Sri Abas Nandi, O/C SOG, CID, W.B. The said agency, however, was unable to unravel the crime and trace out the miscreants and submitted a final report as true before the learned Magistrate.;


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