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2026 DAILYLAW 27899 (CAL)

BAIDYANATH SHAW v. STATE OF WEST BENGAL AND ORS.

WPA/7742/2025 · 2026-07-13

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01 Rkd 13.07.2026 Ct.05 W.P.A. 7742 of 2025 Baidyanath Shaw -vs- The State of West Bengal & Ors. Mr. Kajal Mukherjee, Mr. Bikash Chakraborty, Mr. Sudeepto Kumar Basu, Ms. Pallabi Mondal ….for the petitioner. Mr. Suryaneel Das, Ms. Anita Kundu, Ms. Sumita Sarkar ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Pursuant to the order dated 7th July, 2026 matter is taken up for consideration when Officer-in- Charge, Barrackpore Police Station has filed a communication dated 13th July, 2026 and same is taken on record. Copy of the communication dated 13th July, 2026 is made over to the learned advocate representing the petitioner. 3. It is disclosed in the communication dated 13th July, 2026 that previously Barrackpore Police Station U.D. Case No. 24/2024 dated 15th September, 2024 was registered and enquiry was initiated. But subsequently, taking note of the relevant materials and the report furnished by the authorities Criminal Prosecution being Barrackpore Police Station Case No. 99/2026 dated 10th July, 2026 is initiated. 4. In view of steps taken by the concerned police authorities and it is a case of custodial death, Court finds that investigation needs to be carried out under the supervision of jurisdictional Superintendent of Police. 5. Let the investigation be carried out under the supervision of jurisdictional Superintendent of Police in accordance with law expeditiously. 6. However, leave is granted to the petitioner to approach appropriate authority/forum, if investigation is not carried out in accordance with law. 7. The writ petition stands disposed of. 8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 2