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2008 Supreme(Cal) 827

High Court of Judicature at Calcutta
DIPANKAR DATTA
Kishwar Jahan
Versus
State of West Bengal
C.A.N. Appeal Nos. 36 of 2008, 97 of 2008, 120 of 2008, 304 of 2008, 305 of 2008, 306 of 2008, 307 of 2008, 308 of 2008, 3933 of 2008
Decided On : 14-08-2008

Advocates Appeared:
For the Appearing Parties:Abhrajit Mitra, Agniswar Dutta Gupta, Amit Basu, Arunava Sarkar, Ashis Chakraborty, Ashok Kumar Banerjee, Ashok Kumar Mukherjee, Ayan Banerjee, Balai Chandra Roy, Chaitali Chatterjee, D. Mondal, Jishnu Chowdhury, Joymalya Bagchi, Kalyan Bandopadhyay, Kamalesh Jha, Koushik Dey, Krishnendu Banerji, Milon Mukherjee, Pradip Kumar Ghosh, Pradyut KR. Das, Rajdeep Biswas, Ranjan Roy, S. Mukherjee, Samaraditya Pal, Sandip Srimani, Sandipan Ganguly, Sanjiv Kumar Trivedi, Sekhar Basu, Shibdas Banerji, Sourav Bhagat, Subrata Basu, Tapan Kumar Jana, Tirthankar Ghosh, V. Meharia, Advocates.

Judgment :-

(1) RIZWANUR Rahman (hereafter Riz), since deceased, son and brother of the petitioners 1 and 2 respectively, was laid to rest in September last. The suspicious circumstances in which he died, the role of the State Police agencies in investigating the cause of his death, the conduct of certain police officers of kolkata Police both before and after his death, alleged involvement of his fatherin-law Ashok Todi (respondent no. 12) and his uncles-in-law Anil Saraogi (respondent no. 13) and Pradeep Todi (not a party to the petition) in connection with his unnatural death, investigation conducted by the Central Bureau of investigation (hereafter the CBI) being directed by this Court - all these and much more, have exercised thoughtful consideration of this Court on the face of eloquent arguments advanced by learned Senior Counsel for the petitioner, the state, the accused police officers and the respondent no. 12 and learned Counsel for the CBI and the respondent no. 13, both on factual as well as legal points, based on erudition and developed by great industry. The valuable assistance rendered to the Court needs to be appreciated at the outset. It is discerned from the materials on record that Riz, a computer graphic engineer working at Arena Multi Media (a computer training centre) had a love affair with his student Priyanka Todi (hereafter Priyanka), daughter of respondent no. 12, which matured in a marriage on 18. 8. 07 under the Special Marriage Act, 1954. Their marital relationship had the possibility of souring the relation between the father and the daughter and as such was not disclosed to the respondent no. 12 immediately thereafter. The couple apprehended that respondent no. 12 might interfere in their marital relationship and accordingly they had jointly addressed a letter dated 30. 8. 07 to the Commissioner of Police, kolkata Police. The letter reads as follows:

"sub : Registry Marriage information. We would like to inform you that we, Rizwanur Rahman s/o Late Rezaur rahman, resident of 7/b, Tiljala Lane, Kolkata-19 and Priyanka Todi, d/o ashok Kr. Todi, resident of CG 235, Salt Lake, Kolkata-91, got married under the presence of Marriage Officer, Sipra Ghosh, on 18th August, 2007. The copy of our Marriage Certificate is being enclosed for your kind perusal. This marriage was performed with our own wish and not under the influence of any external pressure. We are also enclosing copy of our birth certificates as proof that we are both matured. We are presuming that our Father in Law/father, Mr. Ashok Kr. Todi may threaten us with dire consequences or create pressure or can send antisocial elements or goondas to kidnap us. In view of this we hope to get protection from your end if required. "

Letters with similar contents were also addressed to the Deputy commissioner of Police (South Division), the Officers-in-Charge, Karaya Police station, Entally Police Station and Bidhannagar Police Station, and others. The Officer-in-Charge, Karaya Police Station upon receipt of the letter jointly written by Riz and Priyanka dated 30. 8. 07 had endorsed the same to S. I. , pulak Dutta on 31. 8. 07. Acting on the basis of such endorsement, S. I. Pulak dutta had conducted an enquiry and his report submitted to the Officer-in-Charge, Karaya Police Station reads as follows:"ref : the attached letter vide L/p (y)1226/07 dt. 31. 8. 07 an enquiry into the attached petition was made. During enquiry the u/sd. had been to premises no. 7b, Tiljala Lane, Kol-19 and contacted Mr. Rizwanur Rahaman s/o lt. Rezaur Rahaman of 7b, Tiljala Lane Kol-19 and mrs. Priyanka Todi d/o Ashok Kr. Todi of CG-235, Salt Lake, Kol-91 and they stated that they are both adult and married each other with their mutual concent as per Special Marriage Act and they have no complaine against each other. The u/sd. also found father of Priyanka Todi, Mr. Ashok Kr. Todi with other relatives are also present inside the premises and talking w




















































































































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