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Ordering an enquiry into the conduct of West Bengal Police in a mob-lynching case, a bench ofJustice Rajsekhar Mantha of Calcutta High Court has said that there was a lapse on the part of Shibpur and Shakespeare Sarani Police Stations in not registering a case or conducting investigation in the matter.

The Court was hearing a writ petition wherein the victim boy had died in the jurisdiction of the Shibpur Police Station upon being allegedly lynched by a mob.

The victim boy seemingly under the influence of alcohol, was driving a vehicle with a hooter and signal lights, which hit a motor cycle that was carrying a couple.

The couple fell down on the hit, after which a local mob gathered on the spot and inflicted serious injuries on the victim. The victim succumbed to his injuries in a private medical facility.

The family of the victim refused to register a formal complaint initially. However, ten months on, they registered a complaint.

While refusing relief to the victim family, the Court said that the family came forward after ten months of the incident and that registration of FIR and investigation after ten months may be an exercise in futility.

"It is unlikely that any person, who may have been involved in the lynching of the victim, will be traced out," the Court observed.

However, the Court noted undoubted “lapse on the part of the Shibpur Police Station and the Shakespeare Sarani Police Station in not having registered an unnatural death case on the day of occurrence or death.”

Noting that the police seemed to have acceded to the wishes of the victim family, the Director General of Police, West Bengal/Commissioner of Police, Kolkata were ordered to conduct an enquiry into the conduct of the then Officers-in-Charge, of the Shibpur and Shakespeare Sarani Police Stations and take suitable steps in that regard.

Cause Title: Mahindra Nath Pradhan v. State of West Bengal