LAWS(CAL)-2019-3-136

DEB KUMAR SAMANTA Vs. STATE OF WEST BENGAL

Decided On March 15, 2019
Deb Kumar Samanta Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Three writ petitions are taken up for analogous hearing. There is an application made in one of the writ petitions which is also taken up for consideration.

(2.) The petitioner seeks replacement of the investigating agency with that of the Central Bureau of Investigation.

(3.) The petitioner claims that, the investigation into the death his son of has been done in a perfunctory manner. The death remains unexplained despite the filing of the charge sheet. The fact that, the post mortem report find that, the lungs of the deceased contained sand and when it is claimed in the charge sheet that, the death of the deceased was due to drowning at a swimming pool raises suspicion as to the quality of investigate. The presence of the sand in lungs of the deceased remains unexplained in the charge sheet. Sand was not available in the near vicinity of the pool. Presence of the sand in the lungs of the deceased remains unexplained. According to the petitioner, there is a nexus between the death of the petitioner with that of another death of Asish Bhagat. Such death is being investigated into by the CBI pursuant to the judgment and order dated November 9, 2017 passed in WP 11590(W) of 2013.