ORDER :

1. Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. R. Talukdar, learned Junior Government Advocate, Assam for all the respondents.

2. The petitioner has instituted the writ petition under Article 226 of the Constitution of India seeking inter-alia a writ in the nature of Mandamus and/or any other appropriate Writ, order or direction of like nature to direct the respondent authorities to entrust the investigation of the crime case, Mankachar Police Station Case No. 269/2022 either to the Criminal Investigation Department (CID), Assam or the Central Bureau of Investigation (CBI).

3. The petitioner has inter alia projected that three accused persons had kidnapped his minor son, aged about 16 years, on 02.09.2022. In connection with the kidnapping of his minor son, the petitioner had lodged a First Information Report (FIR) before the Officer In-Charge, Mankachar Police Station, District - South Salmara, Mankachar on 06.09.2022. As per the FIR, at around 09-00 a.m. on 02.09.2022, the accused no. 1, named therein, came to the petitioner’s house and took the petitioner’s son in his motor-cycle for a ride. Thereafter, the accused no. 1 in connivance with the other two accused persons, had kidnapped the petitioner’s minor son and confined him at some place. The FIR lodged by the petitioner has been registered as Mankachar Police Station Case no. 269/2022 under Sections 365/34, Indian Penal Code (IPC). In the FIR, the petitioner had mentioned that some delay had occurred in lodging the FIR as he was busy in searching for his son. In the FIR, the petitioner had named 3 (three) persons as accused.

3.1. On 07.09.2022, the local villagers found a dead body lying in a paddy field at Chengurchar, Village - Gasbari. The finding of the dead body at that place was informed to the Mankachar Police Station and the Investigating Officer (I.O.) of the Mankachar Police Station Case no. 269/2022 visited the place of occurrence and the petitioner was also called to the place where the dead body was found. The petitioner identified the dead body to be of his minor son. Thereafter, the dead body was sent to the Dhubri Civil Hospital for Post-Mortem Examination. According to the petitioner, the dead body was found with the severance of its throat. The belly was found cut from the front side as well as from the backside. There was indication that the kidney was removed. As mentioned above, in the FIR so lodged, the petitioner has named three persons as accused and suspected their involvement in the kidnapping of his minor son. In the course of investigation, one Saiful @ Saidul Islam had been arrested. The I.O. of the case after causing his production before the learned Court, sought for police remand for two days.

3.2. It is the case of the petitioner that there is involvement of a larger criminal network behind the kidnapping and subsequent murder of his minor son. But, the I.O. of the case has not shown the earnestness in investigating the case properly. The I.O. of the case has neither examined any witnesses where the dead body of his minor son was found nor has conducted any investigation, till date, to arrest the other two accused persons, named in the FIR.

3.3. Ventilating his grievances as regards the alleged lackadaisical approach taken by the I.O. of the case, the petitioner stated to have submitted a Representation before the respondent no. 3 on 13.10.2022 with a request to entrust the investigation of Mankachar Police Station Case no. 269/2022 either to a Deputy Superintendent of Police or to the Circle Inspector. It is the grievance of the petitioner that despite submission of the Representation before the respondent no. 3, no discernible action has been taken wherefrom it can be gathered that the investigation is being conducted in the right direction. The petitioner has also alleged about presence of political influence behind the alleged lackadaisical nature of investigation in Mankachar Police Station Case no. 269/2022.