MAT/2061/2025 of BHUDDHADEB HAZRA Vs STATE OF WEST BENGAL AND ORS. on 15 September 2026

1. This is an application for condonation of delay of 55 days in presenting the appeal, as noted by the Stamp Reporter. Causes shown being sufficient, the delay is condoned.

2. IA NO: CAN/1/2025 is accordingly disposed of. In Re: MAT/2061/2025 With IA NO: CAN/2/2025

3. By consent of the parties, the appeal and the connected application are taken up together for hearing.

4. This appeal is directed against an order dated August 12, 2025, whereby, a learned Judge of this Court disposed of the appellant’s writ petition being WPA/17395/2025.

5. The appellant had approached the learned Single Judge with the grievance that the Police Authorities were not taking due steps on the basis of his complaint for recovering his son who went missing sometime in the year 2023.

6. The learned Judge disposed of the writ petition with the following observations:- “… The records of the writ petition reflect that the learned Magistrate refused to accept the Final Report and directed for further investigation with certain observations. It has been contended by Mr. Sen, learned AAG, that the member of the SIT who was conducting the investigation has been altered pursuant to the direction passed by the learned Magistrate. Be that as it may, since the further investigation is in progress and judicial orders are being passed, I am of the view that it would not be fit and proper to interfere under Article 226 of the Constitution of India. However, the petitioner would be at liberty to invoke the relevant statutory provisions for ventilating his grievances…”

7. Being aggrieved, the writ petitioner is before us by way of this appeal.

8. Two reports have been filed by the State. The first report is dated August 4, 2026, which was taken on record by a co-ordinate Bench as recorded in its order dated August 12, 2026. The second report is dated August 31, 2026 and has been filed in Court today.

9. From the reports we see that the case was transferred to CID, West Bengal. The investigating team has since been reconstituted. All efforts are being made to trace out the missing person. It cannot be said that the Police Authorities are sitting idle and not doing the needful.

10. Learned Advocate for the appellant prays that the investigation be transferred to the Central Bureau of Investigation (CBI).

11. We are not inclined to do so presently. Any and every investigation cannot be entrusted with CBI, which has numerous other matters to look into at the national level. We could have considered the appellant’s prayer had we seen that CID, West Bengal is doing nothing. That is not the case here.

12. In view of the aforesaid, we do not find any infirmity in the order under appeal. The learned Judge has left it open to the appellant to invoke relevant provisions of law including those in Bharatiya Nagarik Suraksha Sanhita, 2023, for ventilating his grievance before the appropriate forum.

13. Accordingly, the appeal being MAT/2061/2025 and the connected application being IA No: CAN/2/2025 stand dismissed.

14. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities.

(Arijit Banerjee, J.)

(Reetobroto Kumar Mitra, J.)