JYOTSNA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed by the wife of one Mr. Rabindra Nath Roy, who was in service under the capacity of Sub-Inspector of the G.D. Cell of Sashastra Seema Bal (Intelligence Bureau) at Panitanki, Nepal Border. The dead body of the said Rabindra Nath Roy was found beside a railway track between Naxalbari Station and Batasi Hault Station with several injury marks all over the body. Rabindra Nath Roy died at the age of 52 years. The material respondents are the police authorities, Siliguri and Jalpaiguri as well as the Inspector-in-Charge of Siliguri, Darjeeling.

(2.) The petitioner initially prayed for a direction on some of the respondents to consider the representation of the petitioner dtd. 7/5/2019 and for appropriate directions on the respondents to ensure justice by punishing the culprits, responsible for the death of the petitioner?s husband. This writ petition has been pending for some time and several orders have been passed by the learned Judges sitting in Circuit for directions on the police to complete the investigation into the death of Rabindra Nath Roy, the petitioner?s husband.

(3.) On 9/9/2019, this Court expressed its views for the delay in conducting the investigation and directed that the railway authorities should pay the costs imposed by an order of a learned Single Judge of 20/8/2019, before the returnable date. On the returnable date i.e. 11/9/2019, the respondent no.7 being the Inspector-inCharge, Siliguri Town, was directed to complete the investigation within four weeks from date and a report of completion with particulars of the specific facts to be filed on 5/11/2019 before the next Circuit Bench. On 15/11/2019, an order was passed by a learned Judge noting that the death of Rabindra Nath Roy at the age of 52 years and while in service was not a fact to be taken lightly, by reason of which, a verifiable independent report of an expert should be collected in the course of the investigation. On 15/11/2019, an order passed by a learned Single Judge noted that a final report of the investigation has been submitted by the investigating officer and the petitioner was given liberty to move an application under The Code of Criminal Procedure, 1973 before the A.C.J.M., Siliguri. An order was passed on 21/1/2020 thereafter directing the Assistant Commissioner, Siliguri Commissionarate to file his affidavit within a specified timeframe and the railway authorities to file an application for expunging their names from the array of parties in the writ petition.