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Calcutta High CourtWPA/145/2022disposed

Dipankar Samaddar v. State Of West Bengal And ORS.

2022-04-04Hon'Ble Justice Rajasekhar Mantha2 pages

04.04.2022.

Item No. 49.

Court No.13 ap W.P.A. No. 145 of 2022 Dipankar Samaddar

Versus

The State of West Bengal & Ors.

Mr. Asis Bhattacharyya.

...For the petitioner.

Mr. Jishnu Chowdhury, Ms. Amrita Panja Moulick.

...For the State.

The writ petitioner complains that despite the death of his mother, the pension from the Railways was being credited to her account.

It is further submitted that his mother's ATM Card has been used after her death on a regular basis and withdrawals have occurred.

The petitioner has lodged a complaint in this regard with the Kotwali Police Station, Paschim Medinipur, which is pending consideration.

Counsel for the State submits that FIR being No.10 of 2022 dated 3rd January, 2022 has been registered by the Kotwali Police Station.

It appears from the said FIR that the withdrawals of money from his mother's account at Haldia, has been effected in Behala in Kolkata. It further appears from the said FIR that the writ petitioner is also residing in Behala, Kolkata. Be that as it may, the Officer-in-charge, Kotwali Police Station, Paschim Medinipur is directed to complete investigation of the aforesaid FIR,

mandatorily and positively within a period of one month from the date of communication of a copy of this order and to file a final report before the jurisdictional Magistrate.

With the aforesaid observations, the instant writ petition shall stand disposed of.

The instructions of Kotwali Police Station, Paschim Medinipur addressed to the learned Government Pleader dated 31st January, 2022 along with the annexures are taken on record.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)