KASTURI MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the writ petitioner challenging the order of the learned Single Judge dated 23rd of November, 2021 whereby WPO 629 of 2021 has been disposed of with certain observations.

(2.) Appellant had approached the Writ Court with the plea that her two sons, namely, Saayak Mukherjee, aged about 30 years and Kinjal Mukherjee, aged about 24 years had died on 10th of July, 2021 in an allegedly shown road accident. It is stated in the petition that the death of both her sons was shrouded with mystery and suspicion and it was difficult to digest that the death took place due to the road accident. The appellant apprehended some foul play behind the death. The police had registered the offence under Ss. 279/304A/338/427 of IPC and subsequently, learned CJM had allowed the prayer for amendment of sec. and the case was investigated by Fatal Squad Traffic Police (FSTP). Finding that conduct of the IA of the case to be doubtful, the petitioner had approached the learned Single Judge by way of the writ petition with a prayer to transfer the investigation to the Criminal Investigation Department (CID).

(3.) Learned Single has found the case to be premature though the factum of filing the charge-sheet has been noted. Learned Single Judge has disposed of the petition by directing the CJM to decide the petitioner's application within a time bound period.