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2026 DAILYLAW 28107 (CAL)

SARITA DEVI SHAW v. COMMISSIONER OF POLICE, PASCHIM BARDHAMAN AND ORS

WPA(H)/7/2024 · 2026-07-14

Debangsu Basak, Md Shabbar Rashidi

body2026

Judgment text

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C o u r t N . 2 2 S l 1 5 1 / C L DL-3 14.07.2026 Court No.37 [Bench ID-266046] (AD) (Disposed of) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA (H) 7 of 2024 Sarita Devi Shaw Vs. Commissioner of Police, Paschim Bardhaman & Ors. Mr. Pradip Kumar Roy, Ld. Sr. Advocate Ms. Soumita Chakraborty, Advocate Ms. Sumedha Mukhopadhyay, Advocate Ms. Shruti Mitra, Advocate … for the petitioner Mr. Billwadal Bhattacharyya, Ld. AAG Mr. Madhu Jana, Ld. Jr. Govt. Advocate Ms. Tanusree Ghosh, Advocate … for the State Mr. Kushi Prasun Chatterjee, Advocate … for the respondent nos.2-4 & 7/UOI 1. Husband of the petitioner is missing since June 22, 2020. 2. From time to time diverse orders were passed in the present writ petition which was filed in 2024. 3. Directions for affidavits were given by the Coordinate Bench. Parties filed affidavits. 4. It transpires from the records that, the husband of the petitioner went missing from the place where the husband of the petitioner was working, that is, the Painting Workshop No.ELA-16 (Electric Loco Assembly) within Chittaranjan Locomotive Works. 5. Learned Senior Advocate appearing for the petitioner submits that, the husband of the petitioner went to work in the morning riding on a bi-cycle. The bi-cycle remained at the stand while 2 the husband of the petitioner went missing. 6. Learned Senior Advocate appearing for the petitioner submits that, the Close Circuit Television footage of the area was not preserved by the employer, that is, the railway authority. Railway authority, however, initiated disciplinary proceedings during the absence of the husband of the petitioner. 7. Railway authority and the State are represented. 8. Learned Advocate appearing for the State relies upon a report dated July 12, 2026 which be taken on record. 9. The materials placed on record establish that, a missing case diary was registered on June 23, 2020. An Assistant Sub-Inspector of Police was assigned the duty of enquiry on such police case diary. 10. Writ petitioner approached the Writ Court in 2024. By an order dated February 12, 2025, the High Court made over the investigations of the Police Case to the Criminal Investigation Department (CID). In compliance of such order of the High Court, the Police Case vide Org. No.194/CS dated February 18, 2025 was registered and a Sub-Inspector was assigned duty of investigation. Missing Persons Bureau of the CID was also roped in. 11. The report states that the, son of the missing 3 person was re-examined. Employees of Chittaranjan Locomotive Works who were present with the missing person on that day, that is, on June 22, 2020 morning in the 1st shift duty, were also examined. Despite such enquiry and investigation, police could not unearth the place from where the husband of the petitioner went missing. 12. Report states that, all nearby Police Stations from where the husband of the petitioner went missing such as Mihijam Police Station, Jamtara Police Station in the District of Jamtara, Jharkhand along with Salanpur, Kulti and Chittaranjan Police Stations under Asansol Durgapur Police Commissionerate were revisited on March 23, 2026. No unnatural death case was found to register in such Police Stations. 13. Police enquired from various medical authorities. Response from such medical authorities states that, no patient in the name of the missing person was admitted or treated in such hospitals since June 22, 2020 till July 12, 2026. 14. Police also approached the medical authorities in Odisha to find out whether the missing person was admitted or not. The response was in the negative. 15. Police circulated information with regard to the missing person in Police Stations of Howrah, 4 Siliguri, Kharagpur, Bankura, Birbhum, Purba Bardhaman and Purulia Districts. Police did not find any unclaimed body with regard to any unnatural death case. 16. Police visited the branches of various banks in order to collect information regarding opening of any bank account in the name of the missing person. The response was in the negative. 17. Several Non-Governmental Organizations (NGOs) were also approached by the police. Such NGOs are located at Mumbai, Kolkata, Baranashi. No fruitful results yielded from such efforts. 18. Police approached the Police Stations at Bihar from where also no positive information was received. 19. Police approached District Social Welfare Officer, Purba Bardhaman and Chief Medical Officer of Health (CMOH) in each health district of West Bengal and could not find any whereabouts of the missing person. 20. Information of the missing person along with photograph and descriptive roll were circulated to all Police Stations in West Bengal, Jharkhand and Bihar. No positive response was received by the police. 21. Old Age Home records were also considered after request being made to the Director, Social Welfare Department, Government of West Bengal. The 5 missing person was not located there. 22. Police collected the Aadhaar and Voter ID card number of the missing person. Telephone Service Providers were approached in order to verify whether or not the missing person obtained any mobile connection. The response was again in the negative. 23. Missing person’s information was published in daily newspapers, namely, Aajkal (Bengali), Dainik Biswamitra and Millennium Post. Information was broadcasted in All India Radio on April 9, 2026 and on April 10, 2026. No information was received. 24. State taking steps in the manner as noted above and the missing person not being located, we are constrained to close the present petition of writ of habeas corpus. No fruitful purpose would be subserved by keeping the writ petition pending. State took all efforts and steps to locate the missing person. 25. This order will, however, not prevent the State from continuing with its efforts to locate the missing person. 26. WPA (H) 7 of 2024 is disposed of accordingly. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.07.15 17:36:54 +05'30'