Extracted from the PDF above. The PDF is authoritative.
29.09.2026 In The High Court at Calcutta
Sl. No. 9
Constitutional Writ Jurisdiction Court No. 758
Appellate Side Moumita
WPA 16437 of 2024
Niranjan Halder Vs. The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal), Adv. Ms. Sangita Banerjee, Adv. ….For the Petitioner
Ms. Suchitra Sinha Chatterjee, Adv. Ms. Sumita Sarkar, Adv. …For the State
1. The present writ petition has been filed by the petitioner alleging that the petitioner’s son Ujjal Halder died under suspicious circumstances. The petitioners suspected involvement of one, Pranab Roy Mondal and others in the murder of the petitioner’s son due to previous enmity, arising out of a family dispute. 2. It appears from records that U.D. Case no. 55 of 2023 dated 08.12.2023 was started. In course of investigation the CCTV footage of the locality was attempted to be accessed, but the same was not found installed in the vicinity. The call records of the concerned persons were also examined, but no suspicious material was found therein. 2 Subsequently, Joynagar P.S. Case No. 568 of 2023 dated 11.12.2023 was registered for investigation into the offence punishable under Section 302/34 IPC. From the post mortem report, it appears that the post mortem examiner has opined the cause of the death to be due to effects of electrocution. 3. It is submitted by learned Advocate representing the State that the investigation of the case is in progress. Ld. Advocate has also referred to a judgment reported in 2026 SCC Online SC 798 para 7 thereof to contend that a grievance concerning an ongoing investigation should ordinarily be pursued before the jurisdictional Magistrate by availing of the statutory remedies, rather than by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 4. The availability of an efficacious statutory remedy ordinarily requires restraint in the exercise of writ jurisdiction in matters relating to the adequacy of a police investigation. The petitioner may approach the jurisdictional Magistrate for appropriate relief in accordance with law. This Court
3 does not consider it necessary to supervise the investigation or prescribe the particular steps to be taken by the investigating officer. 5. Nevertheless, the case relates to an unnatural death that occurred in December, 2023 and the investigation of the cases remains pending despite the passage of a substantial period.
Having regard to this lapse of time and the State’s submission that the investigation has substantially progressed towards completion, a limited direction for its expeditious conclusion is necessary. 6. Accordingly, the investigating officer shall conclude the investigation as expeditiously as possible, without unnecessary delay, and submit the appropriate report before the jurisdictional Magistrate in accordance with law. In doing so, the investigating officer shall duly consider the specific allegations made by the petitioner and the materials relevant thereto. 7. The petitioner shall be at liberty to approach the jurisdictional Magistrate for appropriate relief relating to any grievance
4 relating to the investigation. Any such application shall be considered on its own merits and in accordance with law. 8. It is clarified that this Court has not expressed any opinion on the merits of the petitioner’s allegations. 9. Accordingly, this writ petition being WPA 16437 of 2024 along with CAN 1 of 2024 stands disposed of, on the above observation, there will be no order as to costs. 10. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Anuj Singh, J.)