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2025 Supreme(Online)(Cal) 2912

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Isha Sekh – Appellant
Versus
The Superintendent of Police, Jangipur Police District – Respondent
W.P.A.14334 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Naba Kumar Das, Mr. Parvez Mallick, Mr. Debayan Roy Chowdhury, Mr. Sumangal Sil
For the Respondents: Ms. Sonal Sinha, Ms. Ashmita Chakraborty
For the respondent nos.7 to 12: Mr. Omar Faruk Gazi, Ms. Susmita Das

The court found no necessity for further interference based on available evidence from the second postmortem examination.

Headnote:Statute Analysis: The judgement does not specifically cite a statute. Facts of the Case: A second postmortem revealed that the cause of death cannot be ascertained.

Findings of Court:
The Court found that further interference was unwarranted given the evidence available.

Issues: The Court was tasked with understanding the need for further investigation into the cause of death.

Ratio Decidendi: The Court reasoned that the evidence at hand did not necessitate its involvement.

Result: WPA 14334 of 2025 is disposed of; there will be no order as to costs.

Pursuant to the earlier direction, on behalf of the AIIMS, Kalyani the second postmortem examination report has been handed over which was conducted on 24th August, 2025. The opinion of the Board of Doctors who have conducted the second postmortem is as follows:

“V. Opinion:

The cause of death cannot be ascertained due to advanced decompositional changes and skeletonization. However, it is reserved until the reports of chemical analysis specimen is made available by the investigating officer.”

The report be returned to the investigating officer of the case and be kept along with the case diary. Copy of the same may be made available through the learned trial court to the de facto complainant or if the investigating officer so wishes he can rely upon the same in course of the trial of the case.

Having regard to the purpose for which the present writ petition was preferred and the opinion arrived at by the doctors of AIIMS, Kalyani who conducted the second postmortem report, I am of the view that at this stage further interference by this Court is unwarranted. Petitioners would, in such circumstances, if required, take a second copy of the postmortem from the learned trial court.

With the aforesaid observations, WPA 14334 of 2025 is disposed of.

There will be no order as to costs.

Case diary be returned to the learned advocate appearing for the State.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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