Dismissed¶12

Tayeb Ali Halder v. the State of West Bengal and Ors.

Calcutta HC6 Aug 2025WPA(H)/52/2025

Case brief

AI extract

What is this about?

WPA (H) 52 of 2025; Tayeb Ali Halder v. State of West Bengal; habeas corpus; missing person found murdered; Mahashin Halder; FIR No.240 dated 24.05.2025; FIR no.354 of 2025 dated 04.08.2025; confession by Tanuja Bibi Halder; Habibullah Khan; dead body recovered 04.08.2025; interim direction dated 23.07.2025; writ court cannot usurp ordinary administration of criminal justice; petition dismissed, no order as to costs; bench of Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J.; decision date 06.08.2025.

What did the court decide?

A writ in the nature of habeas corpus is a prerogative writ by which the causes and validity of detention of a person are investigated by summary procedure, but this Court in exercise of its jurisdiction cannot usurp the ordinary administration of criminal justice. ¶9

Tayeb Ali Halder Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶12

Issue for consideration

Whether any further interference is called for in a habeas corpus writ petition concerning a missing person where, in course of investigation, the person was ascertained to have been murdered and his dead body was recovered. +1 more

¶10

Court's answer

Since the writ petition was filed alleging that Mahashin was missing and in course of investigation it was ascertained that he had been murdered and his dead body recovered, no further interference was called for and the writ petition was dismissed.

¶12

Ratio / Principle

¶9

Detailed headnote1 paragraphs

Habeas corpus writ petition (WPA (H) 52 of 2025) filed by Tayeb Ali Halder alleging his father Mahashin Halder had been missing since 21st May, 2025 (complaint by the petitioner's mother Tanuja Bibi Halder registered as FIR No.240 dated 24th May, 2025) and that proper investigation had not been conducted. By order dated 23rd July, 2025 the Court directed the police to make a sincere endeavour to recover the missing man. On 4th August, 2025 the petitioner lodged a second complaint (FIR no.354 of 2025) suspecting his mother Tanuja and one Habibullah Khan; in course of investigation Tanuja confessed before the investigating officer that she and Habibullah had jointly conspired and murdered Mahashin, and the dead body was recovered the same day. The Court observed that a writ of habeas corpus investigates the causes and validity of detention by summary procedure and that it cannot usurp the ordinary administration of criminal justice. Since the missing person had been ascertained to have been murdered and his body recovered, no further interference was called for; the petition was dismissed with no order as to costs.

¶1

06.08.2025 rpan / 06

¶2

WPA (H) 52 of 2025 Tayeb Ali Halder - Versus - State of West Bengal & Others

¶3

Mr. Omar Faruk Gazi, Ms. Ayasha Najrin …for the Petitioner.

¶4

Mr. Kishore Datta, Ld. A.G., Ms. Sumita Shaw, Mr. Soumen Chatterjee … for the State/Respondents.

¶5

Records reveal that the writ petition was filed by Tayeb Ali Halder (in short, Tayeb) alleging inter alia that his father, namely, Mahashin Halder (in short, Mahashin) went missing on and from 21^st May, 2025 and accordingly, Tayeb’s mother, namely, Tanuja Bibi Halder (in short, Tanuja) lodged a complaint on 24^th May, 2025 and the same was registered as FIR No.240 dated 24^th May, 2025. It was further alleged that subsequent thereto proper investigation had not been conducted by the police authorities.

¶6

Upon hearing Mr. Gazi, learned advocate appearing for the petitioner and Ms. Shaw, learned advocate appearing for the State/respondents, we directed the police authorities to make a sincere endeavour to recover Tayeb’s father, by an order dated 23^rd July, 2025.

¶7

¶8

Today, Ms. Shaw submits that on 4^th August, 2025 Tayeb again lodged a complaint alleging that he was suspecting Tanuja and one Habibullah Khan (in short, Habibullah) to be involved in the matter. The same was registered as FIR no.354 of 2025 dated 4^th August, 2025. In course of investigation, Tanuja appeared before the concerned investigating officer on 4^th August, 2025 itself and confessed before the concerned investigating officer that she and Habibullah had jointly conspired and murdered Mahashin. On the basis of such statement, further investigation was conducted and the dead body of Mahashin was recovered on the self-same date i.e. on 4^th August, 2025. Let the written instruction, as furnished, be kept on record.

¶9

A writ in the nature of habeas corpus is a prerogative writ by virtue of which the causes and validity of detention of a person are investigated by a summary procedure. This Court in exercise of its jurisdiction, however, cannot usurp the ordinary administration of criminal justice.

¶10

In the present case, the writ petition was filed alleging that Mahashin was missing and in course of investigation, it had been ascertained that he had been murdered and his dead body had also been recovered.

¶11

¶12

In view thereof, no further interference is called for in the present writ petition and the same is, accordingly, dismissed.

¶13

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

¶14

(Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)

Tayeb Ali Halder v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Tayeb Ali Halder v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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