IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT: THE HON'BLE JUSTICE JAY SENGUPTA WPA 702 of 2024 SUPRIYA MANDAL GAYEN … PETITIONER VS.

THE STATE OF WEST BENGAL & OTHERS … RESPONDENTS For the petitioner : Mr. Moyukh Mukherjee Ms. Sagnika Banerjee For the CBI : Mr. Amajit De Ms. Hasi Saha For the State : Mr. Amitesh Banerjee, Sr. Standing Counsel Ms. Ipsita Banerjee Heard lastly on : 20.03.2025 Judgment on : 30.06.2025 JAY SENGUPTA, J.

1. This an application under Article 226 of the Constitution of India, inter alia, praying for reinvestigation of the case in respect of Nazat Police Station Case No. 142 dated 09.06.2019 under Sections 147,148,149,448,325 and 364 of the Indian Penal Code, Sections 25 and

27 of the Arms Act and added Sections 3(1)(z) and 3(2)(v) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and added Sections 302 and 201 of the Indian Penal Code, by an independent and specialized agency like the Central Bureau of Investigation.

2. Learned counsel appearing on behalf of the petitioner submitted as follows. After the completion of the Lok Sabha Elections in 2019, miscreants belonging from the ruling political party in the State of West Bengal under the leadership of Sahajahan Sk. and Firoz Kamal Gazi were threatening the petitioner that her husband namely, Debdas Mondal and other members of the family that they would not be spared and would be killed as they had supported Bharatiya Janata Party. On 08.06.2019 at about 4.50 pm about 150 - 200 persons under the leadership of Sahajahan Sk and Firoz Kamal Gazi being armed with deadly weapons forcefully entered into the house of the petitioner and started searching for Debdas Mondal. They also ransacked the furniture and other household articles. The leaders of the group namely, Sahajahan Sk and Firoz Kamal Gazi threatened the inmates of the house with dire consequences for supporting the other Party and instructed his men to set the house in fire and as such, fire was set in order to burn alive Debdas Mondal. Seeing this, Debdas Mondal tried to flee away. But, the other accused persons held him and started assaulting him and forcefully took him away from the house. After that, the husband of the petitioner could not be traced. Even after the occurrence of such serious and tragic incidents of such a magnitude on 8.06.2019, the police authorities being hand in gloves with the ruling dispensation, solely with the intention to shield the miscreants including the prime accused in the case, being Sahajahan Sk, did not take any steps to register any FIR and initiate proceedings. It was only upon the complaint lodged by the brother-in-law of the petitioner that FIR was lodged on 9.06.2019. Because of the inaction on the part of the State police authorities in delaying in investigation and the fact that the body of the husband of the petitioner could not be traced after being kidnapped, the father-in-law of the petitioner was constrained to approach the Hon'ble High Court vide WPA no. 20407 of 2019 under writ of Habeas Corpus. The matter was heard. Meanwhile, the case was transferred to CID, West Bengal on 23.08.2019. Due to the delay in filing the charge sheet and the laches on the part of the investigating officer, vide order dated 24.09.2019, the Learned Court below granted bail to one of the charge sheeted accused person, being Akher Ali Gayen, thereby observing that the statutory period of filing charge sheet had lapsed and that the charge had not yet been filed by the investigating authority. However, the other accused persons as per the charge sheet were absconding and issuance of warrant was pending before the Additional Sessions Judge, 1st Court at Barasat. The investigation itself showed a lot of lacunae such as the delay in filing the charge sheet for which one accused was enlarged on default bail, other five charge sheeted accused persons were absconding, the prime accused person even as per the w