ASHOKE KUMAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners in this art. 226 petition dated May 2, 2007 are seeking the following final reliefs :

(2.) ONE Soumik Bose, son of the petitioners, was doing the electrical engineering course at Shibpur Bengal Engineering and Science University. On August 9, 2006 he was admitted to hospital with severe injuries. He died on August 12, 2006. On August 18, 2006 the state government asked its criminal investigation department to take up the case and investigation. Alleging that the police did not care to inform them about the fate of the investigation and claiming that the university was liable to pay damages, the petitioners brought this petitioner.

(3.) MR . Bhattacharjee, counsel for the petitioners, submits that in view of the allegations made in the petition it will be appropriate for this court to examine the investigation report submitted by the criminal investigation department to the chief judicial magistrate. I do not see any reason why in exercise of power under art.226 I should examine the report. The report is to be examined for deciding whether it is to be accepted. The decision cannot be taken by the high court in exercise of power under art.226. It is to be taken by the magistrate competent for the purpose.