Extracted from the PDF above. The PDF is authoritative.
Sl.No. 6 Court No. 35 G.S.Das
18.02.2025
WPA 1046 of 2021
Nirmal Kumar Das -Vs- Union of India & Ors. Mr. Achyut Basu Ms. Punam Basu Ms. Pritha Biswas Ms. Sayani Pan Mr. Amritansu Sengupta
… for the petitioner(s)
Ms. Ipsita Banerjee Mr. Akash Dutta
… for the State – respondent(s) Ms. Amrita Pandey
… for the CBI
The petitioner is aggrieved by the outcome of the investigation of Nandakumar P.S. Case No. 130 of 2009 dated 07.08.2009 which was registered for investigation under Sections 302/379 of the IPC. Learned advocate for the State produces the Case Diary. I have considered the statements which have been recorded along with the post mortem report and the other medical
documents. The facts of the case relate to the complainant’s mother being murdered to death at the behest of certain unknown miscreants and the gold jewelleries which the deceased wore were removed from her body. The door was found to be locked from outside and the inmates of the home had to break open the door to enter into the room of the deceased. This is a case where palpably on the face of it a murder has been committed for the purposes of gold jewelleries and other ornaments which were available with the deceased. Surprisingly, the investigation was restricted only to the inmates of the family members where the incident occurred. When an investigation is to be taken to its logical conclusion, all angles of the investigation are to be exhausted. Having considered the manner in
which the investigation has been done after repeated orders from the Court on three occasions, I am of the view that none of the investigating officers applied their mind. However, having considered that the incident complained of is in the year 2009 and, more than 16 years have passed, at this stage, considering the materials which are already available in the Case Diary, I am of the view that a new investigating officer will not be able to succeed and/or unearth the further materials. As such, the prayers which have been advanced by the petitioner cannot be acceded to. However, it is reiterated that there were deficiencies in the investigation. There were other scope for the investigating officer to work out on different angles.
As the same having not been done, I am of the view that the complainant and/or the petitioner did not get a fair and/or impartial investigation
from the State. Time is a constraint in this case, as 16 years have passed, as such, this Court is reluctant to pass any order(s) in respect of the prayers advanced in the writ petition. With the aforesaid observations, WPA 1046 of 2021 is disposed of. Pending application(s), if any, is also disposed of. Case Diary be returned to the learned advocate for the State. The Investigating Officer of the case is present in Court today. His further appearance before this Court is dispensed with. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)