WRIT PETITION None on 21 July 2011

04.12.2020S/L-32,Ct-1(Koley/AD)

(Via Video Conference)

WPA 19502 of 2010

Vs. The State of West Bengal & Ors.

Mr. Sayan DeMr. Kaustuv Shome

We have read the order dated 21.07.2011.

We have heard learned Counsel appearing for thepetitioner.

The petitioner’s husband was allegedly taken intocustody by the State police. The petitioner alleges thather husband was killed in custody. The Central Bureauof Investigation came into picture and has shown thataccording to it Nikkal @ Nicol Tamang, the husband ofthe petitioner, is absconding and CBI has issued a redcorner notice against him. It is recorded in the orderdated 21.07.2011 that the CBI team was camping inNepal to trace him out.

It is the submission of learned Counsel for thepetitioner that insofar as the criminal case in whichNikkal @ Nicol Tamang was arraigned as accused isconcerned, an order of further investigation or re-investigation, as the case may be, has been ordered bythe Hon’ble Supreme Court of India.

In the aforesaid facts and circumstances, it isunnecessary for this writ petition to be furthermaintained in this jurisdiction because, as noted in the order dated 21.07.2011, the petitioner’s complaint isthat her husband was killed in police custody while thestand of CBI is that Nikkal @ Nicol Tamang is at largeand is wandering and covered by a red corner notice aswas issued even before the order dated 21.07.2011 waspassed. In the result, without prejudice to theproceedings of Criminal Courts or any other Courts orany proceedings before any competent Court, this matterdoes not survive for further consideration as a writpetition seeking relief in the nature of habeas corpus.

Accordingly, WPA 19502 of 2010 is dismissed.

(Thottathil B. Radhakrishnan, CJ.)

(Arijit Banerjee, J.)