Joymalya Bagchi, J.

Order dated 07.09.2016 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Alipore, South 24-Parganas in S.C. No. 29(8)/2015 refusing to discharge the petitioner from the accusation of having caused the custodial death of an under trial, Md. Alam is the subject matter of challenge in this petition. The primary issue involved in the discharge petition is that the petitioner who was police officer attached to the police station could not have been proceeded in the instant case without requisite sanction granted by the State Government.

2. The prosecution case, as alleged, against the petitioner is to the effect that the victim Md. Alam had been abducted from his residence on 29.03.1995 at about 4 a.m. and had been kept in illegal detention at police Fari No. 28 at Kachhi Sudah with Garden Reach police station. The petitioner was the officer-in-charge of the said police station at the material point of time. It has been alleged in the petition of complaint by the mother of the victim, that is, Jubeda Khatun that she along with others went to the police station to meet her son but they were not allowed to do so by the petitioner. On the n