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2010 DIGILAW 197 (CAL)

Sikha Roy v. STATE OF WEST BENGAL

2010-02-24

PRANAB KUMAR CHATTOPADHYAY, PRANAB KUMAR DEB

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JUDGMENT 1. PETITIONERS herein are aggrieved by the investigation so far conducted by the State police to trace out their missing daughter. It has been submitted on behalf of the petitioners that their daughter, Ankita Roy was not found in the house at about 7.00 O'clock in the morning on 11th July, 2007 and a missing diary thereafter was lodged on the same day with the English Bazar Police Station by the petitioner No. 2. 2. IT has been specifically submitted on behalf of the petitioners that the respondent No. 7 has abducted their daughter with mala fide intention and ill motive. Initially, the investigation was being carried out by a Sub-Inspector of Police attached to the English Bazar Police Station, Malda. Since there was no progress in the investigation even after a lapse of considerable period, this Court by the Order dated 24th July, 2009 directed the Inspector General of Police, Crime Investigation Department to take over the investigation from the Investigating Officer of the English Bazar Police Station and take necessary steps to recover the missing daughter of the petitioners as well as the respondent No. 7. Although the investigation was taken over by the Crime Investigation Department pursuant to the Order dated 24th July, 2009, till date we find no progress in the investigation and the missing daughter of the petitioners has not yet been traced out. The Inspector General of Police, Crime Investigation Department, West Bengal submitted a report before this Court on 30th July, 2009 narrating the steps taken by the police to trace out the missing daughter of the petitioners. In the said report, Inspector General of Police, Crime Investigation Department, West Bengal prayed for granting further two months time for the recovery of the victim daughter of the petitioners and also the respondent No. 7 herein. 3. CONSIDERING the aforesaid prayer, this Court granted further time to the Inspector General of Police, Crime Investigation Department, West Bengal to carry on investigation in the matter. Ultimately, on 16th September, 2009 another report was tiled by the said Inspector General of Police, where from it appears that the daughter of the petitioners could not be traced out. The Inspector General of Police, Crime Investigation Department, West Bengal again prayed for allowing further time of two months for the purpose of investigation of the case. 4. Ultimately, on 16th September, 2009 another report was tiled by the said Inspector General of Police, where from it appears that the daughter of the petitioners could not be traced out. The Inspector General of Police, Crime Investigation Department, West Bengal again prayed for allowing further time of two months for the purpose of investigation of the case. 4. LEARNED Counsel representing the petitioners submits that the previous Investigating Officer was influenced by and/or acted at the instance of the respondent Nos. 7 and 8. It has been alleged on behalf of the petitioners that the investigation of the case should be handed over to the Central Bureau of Investigation as the senior police officers are indirectly involved in this case and still interfering with the investigation at the instance of the respondent No. 8 and his family friends. Mr. Adhikary, learned Additional Advocate General representing the State-Respondents submits that the police authorities have tried their level best to find out the missing girl and there is no lacuna in the investigation so far carried out by the investigating agency. 5. EVEN assuming that the investigation has been carried out by the State Police, specially, the Crime Investigation Department, West Bengal in an appropriate manner till today with utmost sincerity and seriousness, the same will lack credibility in view of the serious allegations made by the parents of the missing girl against the said police officers and when the said missing girl could not be recovered even after a lapse of considerable period of approximately two and a half years. In the present case, we are also of the opinion that for the interest of justice, further investigation should be entrusted to an independent agency forthwith, otherwise, the relatives of the missing girl may believe that the said missing girl may not be recovered for the lack of proper investigation by a competent and independent investigating agency. Since the allegations and accusations are levelled against the State Police Authorities and even after granting repeated opportunities the missing girl could not be recovered by the State police till date, we have no other alternative but to entrust the investigation to an independent agency like the Central Bureau of Investigation in order to remove any doubt with regard to the credibility of the investigation. 6. THE Hon'ble Supreme Court in the case of R. S. Sodhi v. State of U.P. and Ors. 6. THE Hon'ble Supreme Court in the case of R. S. Sodhi v. State of U.P. and Ors. reported in 1994 Supp (1) SCC 143 has specifically observed : " Paragraph 2................................................We have perused the events that have taken place since the incidents but we are refraining from entering upon the details thereof lest it may prejudice any party but we think that since the accusations are directed against the local police personnel it would be desirable to entrust the- investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the relatives of the deceased may feel assured that an independent agency is looking into the matter and that would lend the final outcome of the investigation credibility. However faithfully the focal police may carry out the investigation, the same will lack credibility since the allegations are against them. It is only with that in mind that we having thought it both advisable and desirable as well as in the interest of justice to entrust the investigation to the Central Bureau of Investigation forthwith.............................." In the case of Gudalure M. J. Cherian and Ors. v. Union of India and Ors. reported in (1992)1 SCC 397 the Hon'ble Supreme Court also observed: "Paragraph 7................................Nevertheless-in a given situation, to do justice between the parties and to instil confidence in the public mind it may become necessary to ask the CBI to investigate a crime. It only shows the efficiency and the independence of the agency," 7. FOR the aforementioned reasons, we entrust the investigation in connection with the English Bazar Police Station Case No. 281 of 2007 dated 19th July, 2007 to the Central Bureau of Investigation and direct the Inspector General, Crime Investigation Department, West Bengal to hand over all the papers relating to the investigation in connection with the aforesaid English Bazar Police Station Case No. 281 of 2007 in relation to the missing girl of the petitioners herein to the D. I. G., Central Bureau of Investigation, Eastern Region immediately. The said D.I.G., Central Bureau of Investigation, Eastern Region is directed to carry out the investigation hereinafter by a competent Officer and complete the same at an early date. 8. THE aforesaid direction issued by us will not mean any reflection on the credibility of the State Police or the State Government in any manner. The said D.I.G., Central Bureau of Investigation, Eastern Region is directed to carry out the investigation hereinafter by a competent Officer and complete the same at an early date. 8. THE aforesaid direction issued by us will not mean any reflection on the credibility of the State Police or the State Government in any manner. Learned Registrar (Administration) is directed to forward a copy of this order to the D.I.G., Central Bureau of Investigation, Eastern Region as well as the Inspector General of Police, Crime Investigation Department, West Bengal immediately. 9. WITH the aforesaid directions this writ petition stands disposed of. There will be no order as to costs.