IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT: THE HON'BLE JUSTICE JAY SENGUPTA WPA 703 of 2024 PADMA MONDAL … PETITIONER VS.

THE STATE OF WEST BENGAL & OTHERS … RESPONDENTS For the petitioner : Mr. Billwadal Bhattacharyya,Sr. Adv.

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. 141 dated 09.06.2019 under Sections under Sections 147,148,149, 325, 326, 302, 379, and 427 of the Indian Penal Code, Sections 25 and 27 of the Arms Act and added Section 3(2)(v) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, by an independent and specialized agency like the Central Bureau of Investigation.

2. Learned senior counsel appearing on behalf of the petitioner submitted as follows. After completion of the Lok Sabha Elections in 2019, miscreants belonging to the ruling party in the state of West Bengal under the leadership of Sahajahan Sk. and Firoz Kamal Gazi were threatening one Debdas Mondal and other members of the family that they not be spared and would be killed since they have supported Bharatiya Janata Party. On 08.06.2019 at about 4.30 pm, the accused persons with the miscreants belonging from the ruling dispensation entered into the village where the petitioner resided. They were carrying a number of modern fire arms and various sharp weapons and attacked the house of the deceased Pradip Mondal, the husband of the petitioner along with some of the neighbouring houses of the petitioner. The accused persons as mentioned in the FIR along with paid henchmen and miscreants belonging from the ruling dispensation, started to search for the petitioner’s husband, being Pradip Mondal and Debdas Mondal and vandalized and looted the house of the petitioner along with some of the neighbouring houses of the petitioner. At the time of the said incident, the husband of the petitioner namely, Pradip Mondal and one Sukanta Mondal were present in a garment shop which was situated just adjacent to the house of the petitioner. The prime accused being Sahajahan Sk. and Firoz Kamal Gazi @ Babu Mastar attacked the petitioner's husband with sharp edged weapon, and to save his life, the said Pradip Mondal tried to run away from the said shop and to take shelter in his house just adjacent to such shop room. As soon as the husband of the petitioner tried to run away toward his house, the prime accused being Sahajahan Sk. shot a bullet from the back which hit the said Pradip Mondal on his head and he fell down at the spot and his left eye came out of his face. Sukanta Mondal who was also present in the said shop room at the time of the incident tried to hide from the accused persons in the said shop room. But on the direction of Sahajahan Sk. Firoz Kamal Gazi along with their henchmen and miscreants of Trinamool Congress Party entered into the shop room and forcefully pulled out the said Sukanta Mondal from the said shop room. After taking the said Sukanta Mondal out of the said shop, the accused person being Firoz Kamal Gazi shot the said victim and because of that, Sukanta Mondal fell on the ground and died. The petitioner along with some of the petitioner's neighbour tried to prevent the FIR named accused persons from carrying out such illegal activities, but they opened fire on the petitioner and her neighbours. But, somehow the petitioner and her neighbours ran away from the spot and left the village in order to save their lives. When the accused persons opened fire to the petitioner and other neighbours, one of the agents of the accused persons namely, Kyum Molla suffered a fatal injury and some of the agents of the accused persons suffered minor injuries. Th