DILIP KUMAR ROY vs THE STATE OF WEST BENGAL & ORS.

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This is an application under Article 226 of the Constitution of India complaining of the inaction on the part of the respondentpolice authorities in not

granting custody of the dead body of the niece of the writ petitioner herein.

The deceased being, Madhumita Ghosh had expired on 14th February, 2018 and the above death was treated as a case of unnatural death by the

police. The police had applied for preservation of the dead body and had asked the respective claimants of the deceased to produce the documents to

prove their claim.

The writ petitioner is the maternal uncle of the deceased while Smt. Jayashree Halder had also claimed the body of the deceased but has not

produced any documents to prove her relationship with the deceased. In fact, Smt. Jayashree had been authorised by the petitioner to claim the

body of the deceased. The third claimant being Nasir Hossain was allegedly the caretaker of the deceased. However, even he has not produced

any documents before the police.

The writ petitioner has filed a supplementary affidavit which is being taken on record wherein it is clear that the mother of the de-ce-ased late Mrs.

Pronati Ghosh (nee Roy) is the sister of Mr. Dilip Kumar Roy, the writ petitioner herein.

It is evident from the report filed by the Inspector of Police, O.C., Dum Dum Police Station dated March 2, 2018 that they are awaiting proper

documentation to hand over the dead body to the correct claimant. The report also contains an enquiry report from the OfficerinCharge, Lake

Police Station, that states as follows:

“….. an enquiry into the matter was made and it could be learnt that Dilip Kr Roy S/o Lt. Sachi Mohan Roy is a permanent resident of 6/1A,

Babubagan Lane, PS Lake Kolkata â€" 700031 against which is Adhaar Card and Epic Card were checked. According to him and some local

people the subject Madhumita Ghosh is the niece of him. Madhumita Ghosh is the daughter of the elder sister of Dilip Kr Roy namely Pronoti

Ghosh w/o Chitta Ranjon Ghosh. Pronoti Ghosh and her another daughter Nandita Ghosh both expired. It could also be learnt that Madhumita

Ghosh was a divorcee and she had no other relative except Dilip Kr Roy. However, Dilip Kr Roy could not produce any document in support of his

claim but local witnesses corroborated his claim. This is for your information and necessary action.â€​

It has been pointed out in the report that as the petitioner had never turned up at the police station himself and had only claimed the body vide a

letter, they had not handed over the- bo-dy to the petitioner. It may be noted that the petitioner is 83 years old and has personally appeared in the

Court today to claim the body of his niece so that he can carry out the last rites of the deceased. It may also be noted that the police submits in

Court today that their investigation is over and they do not need to keep the custody of body any further.

In view of the above, the OfficerinCharge, Dum Dum Police Station, Barrackpore Police Commissionerate is directed to release the body of the

deceased to the writ petitioner by tomorrow. The writ petitioner is directed to personally go to the police station and take possession of the body of

the deceased.

It may be noted that the release of the body of the deceased to the petitioner herein does not create any right to title on the properties of the

deceased nor does the direction to release the body of the deceased to the petitioner create any claim of his being the sole heir or successor to the

property of the deceased. The above order has been passed solely for the purpose that the last rites of the deceased may be carried out.

With the above observations, the writ petition being W.P. No.4018 (W) of 2018 is disposed of.

All parties are to act on the copy of the order uploaded to the High Court Server.