Anil Kumar Mahensaria @ Laddu vs The State Of West Bengal
2022 Latest Caselaw 7490 Cal

11.11.2022 Item No.02.

Suman Ct.42

CRR 1585 of 2022 With CRAN 1 of 2022 Anil Kumar Mahensaria @ Laddu Vs.

The State of West Bengal

Mr. Sourav Chatterjee Ms. A. Khatoon Ms. Ankita Bose ...for the petitioner

Mr. Swapan Banerjee Mr. Suman De ....for the State

Vide judgment dated 9th September, 2022

CRR 1585 of 2022 was disposed of directing the Officer-

in-charge of the jurisdictional police station to hand over

the mortal remains of the deceased to the petitioner

who happens to be the father of the deceased after

keeping sample of the same for future reference within

certain date.

In the disposed of record the petitioner by filing

an application submits that the mortal remains of the

deceased son of the petitioner contained only few bones

kept in a packet. The petitioner wanted to have the

mortal remains of his deceased son to perform last

rituals. When he went to the burning ghat for

cremation, the concerned authority informed him that

since the mortal remains contain only a few bones, a

disposal order of the police authority is required.

It is submitted that the petitioner visited the

concerned police officer praying for issuance of a

disposal order but the police officer refused to issue

such disposal order as it is not specifically directed in

the judgment dated 9th September, 2022.

Under such circumstances, the petitioner has

approached this Court by filing the instant application

for the purpose of an appropriate direction so that the

petitioner can perform funeral and consequent last

rituals of his deceased son.

The learned P.P.-in-charge has raised no objection

against the prayer made by the petitioner.

Having heard the learned advocates and taking

into consideration the judgment dated 9 th September,

2022 and the prayer made in the criminal revision it is

clearly ascertained that the mortal remains of the

deceased was directed to be handed over to the

petitioner for the purpose of conducting last rites of the

deceased. Last rites of a deceased commences by

funeral and subsequent performance of religious rituals

according to the personal law of different classes and

castes of people.

It is not disputed that the petitioner's religion is

Hinduism. Therefore, the mortal remains of the son of

the petitioner would be cremated by way of burning and

for this reason disposal order is absolutely necessary as

the petitioner does not have the entire corpse of his

son. Therefore, the Officer-in-charge of the jurisdictional

police station is directed to issue disposal order in

favour of the petitioner in respect of the mortal remains

of his deceased son.

The instant application is, thus, disposed of.

(Bibek Chaudhuri, J.)