Disposed¶14

Chanu Bibi @ Chand Sultana Bibi Mondal v. State of West Bengal and Ors.

Calcutta HC22 Jan 2025CRR/607/2021

Case brief

AI extract

What is this about?

Further investigation; expeditious disposal; C.I.D. West Bengal; missing person Saifuddin Mondal; Criminal Intelligence Gazette (CIG) publication; MPB File No.56-2010/16/M912; Katwa P.S. Case No. 214/09; S.C. No.132 of 2013; Sections 370/371/323/506/34 IPC; Additional Sessions Judge, Katwa; examination of victim's mother and de facto complainant; final report within three months; interim orders vacated; criminal revisional jurisdiction.

What did the court decide?

C.R.R. 607 of 2021 disposed of with directions that the C.I.D., West Bengal record the statement of the victim's mother and the de facto complainant, proceed with the investigation in accordance with law, and submit a final report before the trial court within three months; connected applications disposed of and interim order(s), if any, vacated. ¶14

Chanu Bibi @ Chand Sultana Bibi Mondal Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's application for further investigation pending before the trial court (S.C. No.132 of 2013) should be disposed of, the investigation in the case having already been handed over by a co-ordinate Bench of this Court to the C.I.D., West Bengal. +1 more

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Court's answer

Since a co-ordinate Bench of this Court has already handed over the investigation in the case to the C.I.D., West Bengal, the prayer for further investigation before the trial court has become infructuous and stands disposed of.

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Ratio / Principle

The revisional application is disposed of with the direction that the investigating authority, C.I.D., West Bengal, shall record the statement of the victim's mother and the de facto complainant and then proceed with the investigation in accordance with law.

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Key takeaways

The investigating agency shall submit a report in final form before the trial court within three months from the date of the judgment/order.ratio¶13

Detailed headnote1 paragraphs

Criminal revision (C.R.R. 607 of 2021, High Court at Calcutta, Appellate Side, Shampa Dutt (Paul), J., judgment dt. 22.01.2025) seeking expeditious disposal of the petitioner's further-investigation application pending before the learned Additional Sessions Judge, Katwa, in S.C. No.132 of 2013 (Katwa P.S. Case No. 214/09, Sections 370/371/323/506/34 IPC), concerning victim Saifuddin Mondal, missing since 23.05.2008. Co-ordinate Bench orders (27.09.2022 and 04.11.2022) had entrusted the investigation to the C.I.D., West Bengal, including to an officer of Inspector rank; the C.I.D. reported that the place of missing was fixed in Andhra Pradesh but the victim remained untraced. Held: the trial-court prayer for further investigation has become infructuous and stands disposed of; the C.I.D. is directed to record the statements of the victim's mother and the de facto complainant and proceed with the investigation in accordance with law; a final report is to be submitted before the trial court within three months; connected applications stand disposed of and interim order(s), if any, stand vacated.

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IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE

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Present:

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The Hon’ble Justice Shampa Dutt (Paul)

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C.R.R. 607 of 2021

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Chanu Bibi @ Chand Sultana Bibi Mondal Vs.

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The State of West Bengal & Ors.

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For the Petitioner : Ms. Chandreyi Alam, Adv. For the State : Mr. Rudradipta Nandy, Adv. For the O.P. Nos. : Mr. Sk. Abdus Salem, Adv. 2 & 3 Mr. Kamruddin Mirza, Adv. Ms. Reshmi Khatun, Adv. Hearing concluded on : 15.01.2025 Judgment on : 22.01.2025

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Shampa Dutt (Paul), J.:-

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1. The present revisional application has been preferred praying for expeditious disposal of an application filed by the petitioner in the trial Court for further investigation, which is now pending before the court of learned Additional Sessions Judge, Katwa, in S.C. No.132 of 2013 arising out of Katwa P.S. Case No. 214/09 under Sections 370/371/323/506/34 of IPC.

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2. The learned counsel for the State has filed a report.

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3. Vide an order dated 27^th September, 2022, a co-ordinate Bench of this Court passed an order directing the Special Superintendent of Police, C.I.D., West Bengal, to take steps as per the prayer of the investigating officer, Katwa police station wherein the investigating officer had sent a request to the Special Superintendent of Police, C.I.D., West Bengal, for circulating the photograph of victim, namely, Saifuddin Mondal for C.I.G. publication.

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4. A compliance report dated 20^th October, 2022 in this regard was filed before the Court on 4^th November, 2022, wherein Special Superintendent of Police, C.I.D., West Bengal, informed the Court as follows:-

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“In compliance with the order dated 27/09/2022 passed by the Hon‟ble High Court, Calcutta in respect of Katwa PS Case No.214/2009 dated 27.07.2009 u/s 370/371/323/506/34 IPC, this is to submit that a prayer was submitted by the Katwa PS at MPB section CID West Bengal for creating a missing persons‟ profile for wide circulation in the month of November 2010.

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Accordingly a file was opened in the name of the victim Saifuddin Mondal s/o Kalam Mondal of Jaughulidanga, PO – Koshigram, PS – Katwa, Burdwan vide MPB File No.56-2010/16/M912 dated 15.11.2010. The details of the victim Saifuddin Mondal s/o Kalam Mondal was published in the Criminal Intelligence Gazette (CIG) of June 2011 at Sl. No.24, page No.10 of the category „Details of the Missing Persons‟. The said Criminal Intelligence Gazette (CIG) was published under the signature of the then Director General of Police, CID West Bengal and had been circulated to all concerned via-mail vide memo No.7312/CIW/CID dated 23.08.2011. The copies of the

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relevant portion of the Criminal Intelligence Gazette (CIG) are attached herewith as Annexure A.”

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5. Subsequently the co-ordinate Bench vide another order dated 4^th November, 2022, taking note of the fact that prayer for further investigation was pending before the trial court directed the Special Superintendent of Police, C.I.D., West Bengal, to entrust investigation to a competent officer in the rank of Inspector of Police and it was directed that a report accordingly be submitted.

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6. It is further noted from the subsequent orders of the co-ordinate Bench, that in spite of sincere efforts on taking assistance of Indian Railways, the victim could not be traced out till date. On several occasions time to submit further report was extended by the Court.

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7. However, at this stage a status report has been filed by the C.I.D., West Bengal, wherein it has been extensively stated as to the steps taken by them.

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8. Finally, it has been stated that the investigation in the present case is under progress. The C.I.D., West Bengal, has been able to fix the place of missing in Andhra Pradesh but the missing person, namely, Saifuddin Mondal is yet to be traced out.

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9. The incident in the present case occurred in the year 2008 and the victim is missing since 23^rd May, 2008.

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10. However, an exception to the report has been filed by the petitioners with a prayer that the mother of the victim and the de facto complainant be examined and heard by the investigating authority in the interest of justice and also for assisting in further investigation, under progress.

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11. Considering the fact that a co-ordinate Bench of this Court has already handed over the investigation in this case to the C.I.D., West Bengal, the prayer for further investigation before the trial court has now become infructuous and as such, a prayer for further investigation before the trial court stands disposed of.

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12. Considering the submissions of the parties and the materials on record the revisional application being C.R.R. 607 of 2021 is disposed of with the direction that the investigating authority being the C.I.D., West Bengal, herein shall record the statement of the victim’s mother and the de facto complainant and then proceed with the investigation in accordance with law.

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13. The investigating agency shall submit a report in final form before the trial court within three months from the date of this judgment/order.

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14. CRR 607 of 2021 is disposed of.

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15. All connected applications, if any, stands disposed of.

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16. Interim order, if any, stands vacated.

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17. Copy of this judgment be sent to the learned Trial Court for necessary compliance.

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18. Urgent certified website copy of this judgment, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.

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[Shampa Dutt (Paul), J.]

Procedural history

How this case reached the court

AI extract

Prior proceeding
Revisional application preferred praying for expeditious disposal of the petitioner's application for further investigation pending before the court of the learned Additional Sessions Judge, Katwa, in S.C. No.132 of 2013, arising out of Katwa P.S. Case No. 214/09 under Sections 370/371/323/506/34 of IPC.¶1
Prior proceeding
By order dated 27.09.2022 a co-ordinate Bench of this Court directed the Special Superintendent of Police, C.I.D., West Bengal, to take steps as per the prayer of the investigating officer, Katwa police station, for circulating the photograph of the victim, Saifuddin Mondal, for C.I.G. publication.¶3
Prior proceeding
Compliance report dated 20.10.2022 (filed on 04.11.2022): missing persons' profile opened vide MPB File No.56-2010/16/M912 dated 15.11.2010; victim's details published in the Criminal Intelligence Gazette (CIG) of June 2011 at Sl. No.24, page No.10 under 'Details of the Missing Persons'.¶4
Prior proceeding
By order dated 04.11.2022, noting the pending further-investigation prayer, the co-ordinate Bench directed the Special Superintendent of Police, C.I.D., West Bengal, to entrust investigation to a competent officer in the rank of Inspector of Police, with a report to be submitted.¶5
Prior proceeding
In spite of sincere efforts with the assistance of Indian Railways, the victim could not be traced out; time to submit further reports was extended by the Court on several occasions.¶6
Prior proceeding
Status report filed by C.I.D., West Bengal stating that investigation is under progress, the place of missing has been fixed in Andhra Pradesh, but the missing person, Saifuddin Mondal, is yet to be traced out.¶8
Prior proceeding
The incident occurred in the year 2008 and the victim is missing since 23 May 2008.¶9
Prior proceeding
Petitioners filed an exception to the C.I.D. status report with a prayer that the mother of the victim and the de facto complainant be examined and heard by the investigating authority in the interest of justice and to assist the ongoing further investigation.¶10

Chanu Bibi @ Chand Sultana Bibi Mondal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Chanu Bibi @ Chand Sultana Bibi Mondal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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