SAMARESH MRIDHA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-5-55
HIGH COURT OF CALCUTTA
Decided on May 17,2019

Samaresh Mridha Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Abhijit Gangopadhyay - (1.) The petitioner's son was murdered on 12th July, 2011. The First Information Report was lodged on 13th July, 2011 by the uncle of the victim alleging the death as doubtful and unnatural one and request was made for investigation into the matter. Initially the death was considered as a result of motor bike accident of the victim but from the post-mortem report it was established that the death was due to the effect of gun-shot injury, anti mortem in nature.
(2.) The local Police Station initially started a case under Sections 279 and 304 - A of Indian penal Code and Section 302 of Indian Penal code and Section 25 and Section 27 of Arms Act were added to the case after post-mortem report. The case was registered as Baranagar P.S. case No. 292/11 dated 13.07.11. Subsequently the case was transferred to Criminal Investigation Department, West Bengal (CID, in short, hereafter) on 19.07.2017 for thorough investigation and to trace out the murderer/ murderers.
(3.) In the writ application the petitioner has alleged that no fruitful investigation was conducted by the CID. The Investigating Officers were transferred several times. On 10th December, 2012 the parents of the deceased sent one representation to the Chief Minister for investigating the matter by CBI as for 15 months after the death of the deceased CID failed to find out or trace the murderer.;


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