Atanu Ghorai vs State of West Bengal - 2024 Supreme(Cal) 1155

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1155

JAY SENGUPTA
Atanu Ghorai – Appellant
Versus
State of West Bengal – Respondent

Advocate Appeared:
For the Appellant :Mr. Srijib Chakraborty, Mr. Aditya Mondal, Ms. Rupsa Sreemani, Advocates
For the State :Mr. Sirsanya Bandopadhyay, Mr. Ritesh Kumar Ganguly, Advocates

JUDGMENT :

Jay Sengupta, J:

1. This is an application under Article 226 of the Constitution of India praying for transfer of investigation of Kharagpur Police Station Case No. 252 of 2024 dated 23.03.2024, under Sections 302, 120B and 34 of the Indian Penal Code and Kharagpur Police Station U.D. Case No. 23 of 2024 dated 23.03.2024 to the CBI, handing over the post mortem report conducted on 24.03.2024 and for preservation of the dead body for further post mortem by a Central Agency.

2. Learned counsel appearing on behalf of the petitioner submitted as follows. The petitioner’s brother was a post holder of the Bharatiya Janata Party. On 22.03.2024 he left his house and became missing. On 22.03.2024 his dead body was found on a field and an FIR was lodged on the same date. A post mortem examination was done on the next date. There were photographs and videos of the dead body which showed that there were injuries inflicted, possibly by electric shock and cigarette stubs. The hands of the victim were found tied. Although the cause of death was shown as drowning, the nearby water body was about 400 meters away from the field. The death could not have been caused there. A second post morte

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