Justice Jay Sengupta, a single judge, presided over the plea submitted by Nilanjan Mitra. The plea highlighted the tragic death of Mitra's niece, who suffered fatal burn injuries after catching fire.

Mitra contended that the local police had neglected to conduct a thorough investigation into the case and had not appropriately applied the relevant legal provisions against the deceased woman's husband, who is suspected of having a role in her demise.

The court expressed grave concern over the disturbing accusations, particularly emphasizing a noteworthy statement that suggested the deceased woman's husband had chosen to make a video call to the woman's cousin instead of providing assistance to his wife.

The judge remarked that this particular circumstance should have motivated the investigating officer (IO) to explore whether the husband could be implicated in causing the fire.

"These aspects have been given a total go-by by the Investigating Officer. In fact, the statement of such a vital witness as the said cousin sister should have been recorded under section 164 of the Criminal Procedure Code (CrPC)," the Court observed. 

Moreover, the Court observed that the Investigating Officer had not provided a satisfactory explanation regarding the omission to seize crucial items. In light of these concerns, the Court decided to transfer the investigation to the Crime Investigation Department (CID).

Advocates Jayanta Narayan Chatterjee, Supreem Naskar and Jayashree Patra appeared for the petitioner.

Advocates Ashim Kumar Ganguly, Sambuddha Dutta and Sk Md Masud represented the State. 

Case Brief - Nilanjan Mitra vs State of West Bengal