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2026 DAILYLAW 1815 (CAL)

UTTAM MAHATA v. STATE OF WEST BENGAL AND ORS.

WPA/7103/2026 · 2026-04-07

Saugata Bhattacharyya

body2026

Judgment text

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21 0077..0044..22002266 Ct. No. 05 adeb WPA 7103 of 2026 Uttam Mahata Vs. The State of West Bengal & Ors. Mr. Lal Ratan Mondal …for the petitioner Mr. Santanu Chatterjee Mr. Arkaday Mukherjee …for the State Mr. Chittapriya Ghosh Mr. Samir Kumar Adhikari Ms. Priyanka Saha …for the respondent no. 4 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Petitioner lodged a complaint before the concerned police authority which was received on 24th February, 2026. But it is submitted by the learned advocate representing the petitioner that police authority is not investigating the case appropriately as petitioner has lost his son who was found hanging from a tree on 23rd February, 2026. It is also submitted that in the morning petitioner went to coaching centre and thereafter incident took place. It is further alleged that due to negligence on the part of the persons associated with the said coaching centre where son of the petitioner went on 13th February, 2 2026 to study, said incident took place and those persons are required to be questioned upon serving notices in order to find out lead evidence. 3. State respondents and respondent no. 4 are represented by learned advocates. 4. Mr. Santanu Chatterjee, learned advocate representing the State respondents has filed a communication dated 29th March, 2026 of Officer-in-Charge, Sankrail Police Station, Jhargram which is taken on record. Copy of said communication dated 29th March, 2026 is made over to the learned advocates representing the petitioner and respondent no. 4. 5. It is disclosed in the communication dated 29th March, 2026 that on being informed about the death of son of the petitioner on 23rd February, 2026, concerned police authority initiated Sankrail Police Station UD Case No. 02/26 dated 23rd February, 2026 and body was sent for post mortem. After lodging written complaint by the petitioner, Sankrail Police Station Case No. 20/2026 dated 24th February, 2026 was initiated under Sections 103(1)/61(2) of Bharatiya Nyaya Sanhita, 2023. Post mortem was conducted and copy of post mortem report is placed before this Court which discloses 3 death was due to effects of asphyxia and cerebral congestion due to ante mortem hanging. Complainant was interrogated by the police authorities. Place of occurrence was visited by the investigating officer. Sketch map was prepared at the place of occurrence. Seizure list was prepared which was video graphed. 6. In addition thereto, a team of Forensic Science Laboratory (FSL) visited the place of occurrence and examined available nuances. Taking note of petitioner’s claim, investigating officer visited Gyan Mandir Study Centre and a search was conducted for CCTV footage. However, it was found no CCTV system was operating. 7. Learned advocate representing respondent no. 4 submits that petitioner’s son attended Gyan Mandir study centre on 23rd February, 2026 and he left the class room due to nature’s call. However, no abnormality was found by the teacher of the aforesaid study centre so far petitioner’s son is concerned on the date said incident took place. 8. In view of the steps taken by the police authorities, at this stage, no further direction is warranted except directing the concerned police authority to expedite the investigation 4 strictly in accordance with law and take the same to its logical conclusion. 9. Writ petition stands disposed of. 10. However, this order shall not preclude the petitioner to take steps in accordance with law in future, if occasion so arises. 11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)