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2019 Supreme(Cal) 473

ABHIJIT GANGOPADHYAY
Samaresh Mridha – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
Jayanta Natryan Chatterjee, Debashis Banerjee, Siresendu Sinha Roy, Paramita Mukherjee, Tirthankar Dey, Nazir Ahmed, Priyanka Ghosh Chowdhury, S. Naskar, Moumita Mondal, Amitesh Banerjee, Ipsita Banerjee, Supratim Dhar, Dhananjay Nayak, Kalyan Kumar Bandyopadhyay, Abhijit Halder, Arka Kumar Nag, Neil Basu, Md Asraf Ali, Ayesha Sultana, Somasish Banerjee, Advocates.

JUDGMENT :

1. The petitioner's son was murdered on 12th July, 2011. The First Information Report was lodged on 13th July, 2011 by the uncle of the victim alleging the death as doubtful and unnatural one and request was made for investigation into the matter. Initially the death was considered as a result of motor bike accident of the victim but from the post-mortem report it was established that the death was due to the effect of gun-shot injury, anti mortem in nature.

2. The local Police Station initially started a case under Sections 279 and 304 - A of Indian penal Code and Section 302 of Indian Penal code and Section 25 and Section 27 of Arms Act were added to the case after post-mortem report. The case was registered as Baranagar P.S. case No. 292/11 dated 13.07.11. Subsequently the case was transferred to Criminal Investigation Department, West Bengal (CID, in short, hereafter) on 19.07.2017 for thorough investigation and to trace out the murderer/ murderers.

3. In the writ application the petitioner has alleged that no fruitful investigation was conducted by the CID. The Investigating Officers were transferred several times. On 10th December, 2012 the parents of the deceased sen

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