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2015 DIGILAW 84 (CAL)

Radharani Das v. State of West Bengal

2015-02-03

INDIRA BANERJEE, SAHIDULLAH MUNSHI

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Judgment A complaint was lodged by the petitioner in the Electronics Complex Bidhanagar Police Station that the petitioner’s son and his friend Biswajit Mondal, who had gone to Bokaro, Jharkhand with persons named in the complaint were missing. In the writ petition it is alleged that although over six months have elapsed, the petitioner’s son and his friend Biswajit Mondal have not been traced out. By an Order dated 22nd January, 2015 the Officer-in-Charge, Electronics Complex Bidhannagar Police Station was directed to submit a report to this Court of the steps taken pursuant to the aforesaid complaint to trace out the petitioner’s son and his friend Biswajit Mondal. The report was directed to be submitted within 29th January, 2015. On the prayer of Mr. Sunil Kr. Chakraborty, a direction was given that the investigation be handed over to the Criminal Investigation Department, Government of West Bengal. On 29th January, 2015 no one had appeared on behalf of the State. However, today a detailed report has been filed wherefrom it appears that despite frantic efforts on the part of the concerned police authorities, the petitioner’s son and his friend have not been found. Notices along with photographs seeking information of the petitioner’s son and his friend were published in different newspapers and on television. It appears that the police authorities made several visits to the State of Jharkhand and interrogated several persons. After extensive interrogation it transpired that the two missing persons last put up at Balaji Guest House at Jasidih. They stayed there for two days i.e. 14th July, 2014 and 15th July, 2014. No one could however, provide any clue about their whereabouts thereafter. The report reveals that extensive raids were conducted across the States of Bihar and Jharkhand. The Investigating Officer along with a police team spent almost sixteen days in Bihar and Jharkhand searching for the two persons by road. The team visited every police station on the way and made detailed enquiry. Photographs of the two persons were pasted at different spots all over Bihar. It also appears that on the basis of phone numbers furnished by the family members of the two missing persons. certain persons were intercepted. The report reveals that the wives of some associates of one Goutam Kumar, who the petitioner claims, was a partner of the petitioner’s son, was also interrogated. It also appears that on the basis of phone numbers furnished by the family members of the two missing persons. certain persons were intercepted. The report reveals that the wives of some associates of one Goutam Kumar, who the petitioner claims, was a partner of the petitioner’s son, was also interrogated. Apparently, Goutam Kumar and his associates, who are yet to be traced constituted a gang with criminal antecedents. Information was also sent to the police authority in Khurda District, Odisha in view of a phone call made from Khurdah to a family member of one of the missing persons. In all probability a gang of persons with criminal antecedents may have been involved in causing disappearance of the petitioner’s son and his friend. The gang apparently operates outside the State of West Bengal and possibly in more states than one. In our view, no useful purpose will be served by making over an investigation to the Criminal Investigation Department, Government of West Bengal. The Order dated 22nd January, 2015 is recalled to the extent that investigation was directed to be handed over to the Criminal Investigation Department. As there appears to be a gang with criminal activities involved which operates inter state, we are of the view that the investigation should be made over to the Central Bureau of Investigation which is a central agency operating all over India. With the aforesaid direction, the writ application is disposed of. A copy of the report submitted by the Inspector-in-Charge, Bidhannagar Electronics Complex Police Station be taken on record. The personal appearance of the Officer-in-Charge, Bidhannagar Electronics Complex Police Station is dispensed with. The Registry is directed to communicate this order to the Deputy Inspector General of C.B.I. (Special Crime Branch), CGO Complex, Salt Lake, Kolkata. Urgent certified photostat copy of this order, if applied for, be supplied to the learned Advocates appearing for the parties, subject to compliance with all requisite formalities.