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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
... – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.
1. This is a revisional application, inter alia, praying for further investigation or de novo investigation into Hariharpara P.S. Case No. 36/2024 dated 27.01.2024 under Sections 363/302/34 of the IPC and 4 and 6 of the POCSO Act corresponding to C Special Case No. 31 of 2024 pending before the Learned Special Court, POCSO Act, Berhampore, Murshidabad.
2. Learned counsel appearing on behalf of the petitioner has submitted as follows. The 13-year-old daughter of the petitioner went missing on 22.01.2024 at around 8 PM. Despite all efforts to find her, she could not be located, compelling her to lodge a complaint on 24.01.2024, upon which Hariharpara Police Station Case No. 35/2024 was registered. Shockingly, on 27.01.2024 at around 1 PM, her daughter's dead body was discovered in a field in a decomposed condition with severe injuries, and her mobile phone was missing. A second FIR, being Hariharpara P.S. Case No. 36/2024, was then registered for offences under Sections 363/302/34 of the IPC. After her body was sent for postmortem to Murshidabad Medical College & Hospital, it was found that several injuries were not mentioned in the report, prompting her to a
Point of law: Article 21 of Constitution not only takes within its fold, the enforcement of the rights of the accused but also the rights of the deceased.
The responsibility of police to conduct prompt, diligent, and transparent investigations is paramount, especially in cases of missing persons, ensuring public trust and justice.
(1) Kidnapping of girl child – Petition seeking direction for effective Police investigation – If police do not play their role effectively and with due diligence, entire prosecution case is bound to....
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
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