ASHOKA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present case has a strange, and, perhaps painful, background. It throws challenges to our criminal justice delivery system in more than one ways.

(2.) This is directed against the order dated 21.3.2006 passed by the learned Sessions Judge, Howrah in ST. No. 44 of 2005 thereby allowing the prayer for stay of the proceeding on a petition filed on behalf of the accused persons/opposite parties allegedly without complying with the specific direction of the learned Division Bench of this Court in order dated 28.11.2005 in C.R.M. No. 8773 of 2005.

(3.) Grievances of the petitioner, as ventilated in the present application, may briefly be stated as follows : On 18.02.2002 at about 1/1.30 p.m. when the son of the petitioner, Netai, since deceased, was getting ready for bath, 2/3 persons in civil dress without disclosing their identity as police personnel took him with them. After prolonged search, Netai was found in the Bally Police Station lock up with bleeding injuries. Subsequently, Police of Singur Police Station informed the family members that Netai had died in the Bally Police Station lock up. Post mortem examination over the dead body was held behind the back of the petitioner. After getting the dead body of Netai, his family members including the present petitioner found marks of injury in several areas on the dead body.