Sunil Kumar Sarkar vs The State Of West Bengal And Others
2021 Latest Caselaw 756 Cal

AD. 22.
February 2, 2021.
MNS.

                                   W. P. A. 8163 of 2020
                                   (Via video conference)
                                    Sunil Kumar Sarkar
                                             Vs.
                          The State of West Bengal and others


                       Mr. Shtaroop Purkayastha
                                              ... for the petitioner.
                       Mr. Amitesh Banerjee,
                       Ms. Isshita Banerjee,
                       Mr. Tarak Karan

                                   ...for the respondent-authorities.

Affidavit containing a report filed by

respondent no. 4 today be kept on record.

The unfortunate petitioner's son went

missing about 1½ years back. Upon complaint

being lodged, the police have been investigating

into the matter.

Learned counsel for the petitioner,

however, submits that the investigation ought to

be transferred to some other investigation agency

than the police, such as the Crime Investigation

Department (CID), West Bengal, in view of the

unsatisfactory progress of the investigation on the

part of the police authorities.

It is submitted by learned counsel

appearing for the respondent-authorities that the

CID was consulted by the police for a limited

purpose in connection with the investigation.

However, details have been disclosed in the

report filed today, which show that all possible

steps having been taken by the police in the

matter of the investigation.

It appears from the report filed today that

the police have been investigating into the matter

with due diligence and apparently have been

covering all relevant aspects of the matter.

However, the court cannot sit in judgment over

the efficiency of the investigation in detail, due to

lack of such expertise on the part of the Court. In

the event some palpable illegality or inaction on

the part of the police was exhibited, undoubtedly

the question of transfer of investigation to some

other agency could have been considered.

However, in the present case, it is evident

from the report filed by the police that they have

been attempting their level best to find out the

missing son of the petitioner.

As such, despite having full sympathy with

the petitioner in his agony for his missing son,

there is nothing further that the Court can do for

the present, since the investigation is still going

on in full swing and the matter has not been

closed.

In such view of the matter, W. P. A. 8163

of 2020 is disposed of in the light of the above

observations.

There will be no order as to costs.

Urgent photostat certified copies of this

order, if applied for, be made available to the

parties upon compliance with the requisite

formalities.

(Sabyasachi Bhattacharyya, J.)