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IN THE HIGH COURT AT CALCUTTA
TIRTHANKAR GHOSH
Latika Ghose – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background context. (Para 1 , 2) |
| 2. details of investigations and allegations made against police. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. discussion on the credibility and role of medical evidence. (Para 10 , 11 , 12 , 13) |
| 4. legal standards and requirements for withdrawing prosecution. (Para 14 , 15) |
| 5. order for further investigation by cbi. (Para 78) |
Judgement :
Tirthankar Ghosh, J.
The present writ petition was preferred by the wife of the deceased praying for the following reliefs :
“(a) A writ of Mandamus or in the nature of Mandamus commanding the respondent authorities their servants, agents and/or assigns to show cause as to why:
i) the Central Bureau of Investigation or any other appropriate body should not directed to initiate an investigation into the Jangipara P.S. Case no. 25/10 dated 14/02/10 u/s 304 I.P.C. and upon completing the same submit the said report before this Hon'ble Court,
ii) Alternatively the respondent authorities should not be directed to make a proper and comprehensive investigation into the case, in terms of the direction of the Addl. Chief Judicial Magistrate, Serampore in his order dated 28/09/11 passed in G. R.
The court ruled that the lack of credible investigation necessitated transferring the case to an independent agency, recognizing a widow's right to justice for her husband's unlawful death.
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
The court underscored the state's liability for custodial deaths and established a precedent for compensating victims against police violence.
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
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