Calcutta High Court: Rajasekhar Mantha, J. while adjudicating a case involving serious offences under Section 365, 354B and other provisions of IPC directed the Director General of Police, West Bengal to initiate appropriate departmental proceeding against the ASI, Arnab Chakraborty and any other person that he may feel was responsible for misleading the Court further handing over the investigation to CID, West Bengal.

The Court took on record the report filed by the Additional Superintendent of Police as on 19-04-2022 wherein the lapses on the investigation were admitted. it was further noticeable from the records that there were large number of other lapses which had not been addressed. The Court further posed the question as to why the Superintendent of Police had not signed the report himself. The Court was highly dissatisfied with the punishment of “Censure” on the Investigating Officer, ASI, Arnab Chakraborty imposed by the appointing authority. The above report also revealed that he was recently promoted from Constable to ASI and entrusted investigation.

The Court believed that the entire file as regards the conduct of the investigation by ASI, Arnab Chakraborty must be looked into by a higher authority. The Court directed that a copy of the writ petition by the Counsel for the petitioner shall be transmitted to the DGP along with the report of the Inspector-in-charge, Superintendent of Police dated 19-04-2022.

Finding the investigation of the instant case perfunctory the Court handed over the investigation to CID for an independent investigation. Further matter was adjourned for hearing on 07-06-2022 where DGP’s report would be taken on record.[Madhu Singh v. State of West Bengal,  2022 SCC OnLine Cal 895, decided on 26-04-2022]

Mr Soumya Majumder, Mr Ravi Kumar Dubey: For the petitioner.

Mr Samrat Sen, AAAG, Ms Manali Ali: For the State

Suchita Shukla, Editorial Assistant has reported this brief.

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