NEPAL KRISHNA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE murder of one Sagar Ghosh shook the conscience of the public and the said incident was widely spreaded through news media. Immediate arrests were made and the petitioners in W.P. 33223(W) of 2013 were taken into custody. The aforesaid incident took place at 10.45 p.m. on 21st July, 2013 and a Police Station Case No. 79/2013 dated 22nd July, 2013 was registered under Section 448/326/307/34 of the Indian Penal Code. The aforesaid case was registered on the written complaint of the widow of the said deceased and appears to have received on 21st July, 2013 at about 4.05 hours.

(2.) THE accused were presented before the learned Chief Judicial Magistrate, Birbhum on 22nd July, 2013 and the prayer for bail was rejected. The deceased who suffered a bullet injury died on 23rd July, 2013 at 5.30 a.m. On 23rd July, 2013 the daughter -in -law and the widow of the deceased made another complaint with the Superintendent of Police, Birbhum alleging that the second officer of the police station forcibly obtained signatures on the blank sheets of the papers and reproduced into a complaint naming four persons including the petitioners in W.P. No. 33223(W)/2013 who in fact were not involved in the crime with an intent to save the real culprit who appear to be a highly influential persons in the locality and having political background. 41 persons were named in the said complaint including the political executives. When the bail petition of the petitioners in W.P. 33223(W)/2013 came up before this Court, while granting the bail, this Court recorded that both the widow and the daughter -in -law stuck to their statement that the police prepared the false statement implicating those petitioners using the blank sheets on which their respective signatures were obtained.

(3.) ON 23rd December, 2013 the Court after recording no objection of the State for the investigation culminating in the death of the said Sagar Ghosh, directed the D.I.G., C.I.D. to engage any suitable officer to take up the investigation who was further permitted to collect all the documents from the Panrui Police Station. The writ petition was adjourned with a specific direction upon the investigating officer to submit the preliminary report before this Court.