CHANDANA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is the mother of one Koushik Roy who died on 26th September 2009. A case unnatural death was lodged with the Burdwan Police Station and investigation was started. A final report came to be filed before the ACJM concerned declaring that the death of Koushik Roy was a result of a Road Traffic Accident. The petitioner was not satisfied with the manner of investigation and conclusion arrived at by the Burdwan Police and filed the instant writ petition.

(2.) Upon receiving the report as directed to be filed a Co-ordinate Bench of this Court in order dated 13th Nov, 2013 (Sanjib Banerjee, J.) found the police investigation to be perfunctory and directed the CID West Bengal to take over and conduct the investigation.

(3.) The CID West Bengal filed a report on 12th March, 2014 parroting the report of the Burdwan Police and concluding that the death of Koushik Roy occurred as a result of a Road Traffic Accident. Strangely the CID filed the report under Section 174 of the Cr.P.C. instead of the provisions of Section 173, as directed by the Co-ordinate Bench in the order dated 13.11.2013.