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1999 Supreme(Cal) 282

SAMARESH BANERJEA
Sankar Chatterjee – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Mr. S.B. Mukherjee, P.K. Ghosh, Joymalya Bagchi & Kishore Dutta for the Petitioner.
Mr. Samaraditya Pal & Saptangshu Basu for the Respondent No.6
Mr. Subhasis Roy & Biplab Dey for the Respondent No.7
Mr. T.K. Ray & Ms. Jolly Chakraborty for the State

JUDGMENT

1. The petitioner, erstwhile Officer-in-Charge of Kalyani Police Station, has challenged in the instant writ proceedings the recommendation of the West Bengal Human Rights Commission contained in its order dated 12th January, 1998, against the writ petitioner.

2. The writ petitioner, inter alia, has prayed for issue of a writ in the nature of certiorari for quashing the aforesaid recommendation of West Bengal Human Rights Commission (hereinafter referred to as the said Commission) and also for issue of a writ in the nature of mandamus commanding the respondents to forebear from giving any effect to such recommendation.

3. The Secretary, Ranaghat Branch of the Association for Protection of Democratic Rights lodged a complaint to the said Human Rights Commission on 20th May, 1997 alleging, inter alia, that the writ petitioner Sri Sankar Chatterjee, Officer-in-Charge, Kalyani Police Station in Association with Assistant Sub-Inspector of Police, Ajoy Roy and other Police personnel took one Khagen Majhi in his custody around 3 A.M. on 30th April, 1997 from his house and later on shot him death in a fake encounter. It was further alleged that the Police Officers of the Kalyani Pol






































































































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