Shivakant Prasad, J. - (1.) This mandamus appeal is directed against the order dated August 7, 2017 passed in the writ court in W.P.No.20046 (w) of 2017, inter alia, on the grounds that the learned Single Judge has failed to consider the case registered under section 302 IPC indicating the names of the persons involved behind such heinous crime have not been arrested by the police for the sake of investigation and, as such, the order impugned has been sought to be interfered with and, accordingly, to be set aside.
(2.) We have heard the learned counsel for the appellant, who invited our attention to the complaint raised before the Hon'ble Chief Minister of the State alleging foul play for commission of offence in the alleged murder of the son of the complainant, viz. Jiten Sarkar, and that on the basis of which the Officer-in-Charge had started the investigation.
(3.) We find from the complaint lodged before the New Town Police Station on 6th July, 2017 by Jiten Sarkar that the New Town Police Station Case No.343 dated 12th July, 2017 under sections 302/34 of the Indian Penal Code was started on 12th July, 2017 and in the process of investigation, the post-mortem report has already been collected by the I.O. of the case after the autopsy on the dead-body of the son of the complainant.;