CHANDRIMA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On submission of Mr. Phiroze Edulji, learned advocate appearing for the petitioner, the mistake cropped up in the name of the petitioner be rectified and liberty given to correct the cause title.

(2.) The writ petitioner Chandrima Roy the widow of Debendra Kumar Roy is seeking transfer of Raiganj Police Station Case No.517 of 2020 dated 13.07.2020 under Section 302/34 of the Indian Penal Code to CBI inter alia, on the ground of inaction on the part of the respondent police authorities in not conducting a proper and effective investigation in connection with the complaint lodged by the petitioner.

(3.) The case of the petitioner in a nutshell is that her husband was an M.L.A. who won election from the ticket of Communist Party and subsequently in the year 2019 he joined Bharatiya Janata Party and he was working for the development of people in Hemtabad area. He was doing work in his constituency and helping people. He was a man having good relationship with everyone and people of the locality loved him for his work. On 13 th July, 2020 at about 1 a.m. at night someone called her husband and he left house and informed the petitioner while leaving that he will return after some time but in the morning she learnt the shocking news that the hands of her husband were tied and his body was hanging near to a tea shop situated within 2 kilometers of her house. It is alleged that for the last few years, this kind of murders are common in West Bengal and many political parties from Bharatiya Janata Party, West Bengal were killed and hanged in same fashion and till date no proper investigation has been done by the police authority. It is also submitted that within a few minutes of the incident, the West Bengal Police twitted in their official twitter account stating that a suicide note has been found from the pocket of the deceased Debendra Nath Roy and two persons were named in the F.I.R. The Superintendent of Police had come to conclude about the theory of suicide committed by the deceased husband of the petitioner even before the proper investigation. According to the petitioner, the deceased husband of the petitioner has been murdered and hanged as shown in the photograph annexed to the writ petition because of the fact that on the very day her husband had spent quality time with her family and there was no depression in his mind and though he used to stay in separate room during night but it is absurd to believe for any prudent man that a person will leave his house at 1 a.m. and reach at tea shop which is situated within 2 kilometers from his house to commit suicide. The hands of the deceased were tied as shown in the photograph as if he has committed suicide near the tea shop. Such apprehension may be reasonable in the mind of the petitioner but the fact remains that the police station has registered a specific case under Section 302/34 of the Indian Penal Code on the basis of the complaint of the writ petitioner on the same day which is being investigated. So, it cannot be said that the case was not started instantly for investigation of homicidal death. Therefore, the allegations of the petitioner that the police is trying to substantiate the theory of suicide with the pre-determined result cannot be viewed at this preliminary stage of investigation.