JAMINI KANTA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have prayed for issuance of a writ of mandamus to command the respondents to award and pay appropriate compensation in view of their detention in connection with Nandkumar Police Station case no. 173 of 2013 dtd. 18/6/2013 and for a further direction to reinvestigate the said case.

(2.) Petitioner no. 1 is the father-in-law, the petitioner no. 2 is the mother in law and the petitioner no. 3 is the brother-in-law of the 5th respondent. The 5th respondent submitted a written complaint before the Officer-in-Charge Nandkumar Police Station wherein it was stated that on 11/2/2013 after returning from the house of one of a neighbour she found her daughter lying dead on the bed. On the basis of such information Nandkumar Police Station UD Case no. 5 of 2013 dtd. 11/2/2013 under Sec. 302 of the Indian Penal Code was started. Therefore, upon receiving a complaint a case was registered at Nandkumar Police Station Case no. 175 of 2013 dtd. 18/6/2013 under Sec. 302 of the Indian Penal Code. Upon completion of investigation, chargesheet was submitted under Sec. 302/34 of the Indian Penal Code against the accused/ writ petitioners herein. The learned Chief Judicial Magistrate, Tamluk after taking cognizance transferred the case to the learned Sessions Judge Purba Medinipur. The learned Additional District and Sessions Judge 3rd Court, Tamluk, District Purba Medinipur in S.T. No. -02(01) 2016 passed a judgment on 12/12/2018 holding that the accused person/ writ petitioners herein are found not guilty to the offence brought against them under Sec. 302/34 of the Indian Penal Code. The writ petitioners were accordingly acquitted under Sec. 235 (1) of the Criminal Procedure Code.

(3.) After being acquitted in the aforesaid criminal case this writ petition has been filed alleging that the petitioners were illegally roped in due to wrong and improper investigation by the investigating agency for which the writ petitioners had to suffer illegal detention. On such ground the writ petitioners have prayed for a direction upon the respondent State to award appropriate compensation and for a direction upon the respondents to reinvestigate the aforesaid police case.