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2022 Supreme(Cal) 583

DEBANGSU BASAK, BIBHAS RANJAN DE
Bablu Pal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Partha Sarathi Bhattacharya, Ms. Sukla Das Chandra, Ms. Swarnali Saha, for the Appellant; Mr. Sumanta Ganguly as Amicus Curiae, Mr. Aniruddha Bhattacharya, Ms. Anasuya Sinha, Mr. Pinak Kumar Mitra, for the Respondent

JUDGMENT

Bibhas Ranjan De, J. - Background:

1. Dr. Jayanta Kumar Ghosh (since deceased) being resident of GD-322, Sec-3, Salt Lake, Kolkata-6, was a practicing Doctor in a room of Mosjid Building at 23/2 Raja Moninda Road, Belgachia, Kolkata-37.

2. On 06.03.2006 Dr. Jayanta Ghosh went to his chamber at about 10.00 a.m. At about 3.45 to 4.00 p.m. his wife received one call at her residence in their telephone with CLI facilities. She was informed that Dr. Jayanta Ghosh would return late and the said caller number shown in CLI as 033- 55186437 which was known to be a number of telephone booth at Kalyani,which she verified by making a call back to that number. However, Jayanta Ghosh was found missing from then on.

3. The matter was informed to Tala Police Station under GDE no. 409 dated 06.03.2006 at 5.10 P.M.

4. On the next day that is on 07.03.2006 at about 9.30 A.M. wife of Dr. Jayanta Ghosh again received a phone call from an unknown person claiming himself as custodian of Dr. Jayanta Ghosh and demanded Rs. 4 lac. The fact was immediately informed to Tala Police Station. Deputy Commissioner of Police (North) came to the residence of Dr. Jayanta Ghosh for inquiry.

5. Learned Additional Se

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