Ashish Garodia v. State Of West Bengal And ORS.

20.01.2025 W.P.A. 609 of 2025 Item No.28 Ct. No.35 dc.

Ashish Garodia versus The State of West Bengal & Ors.

Mr. Ayan Bhattacherjee, Sr. Adv., Mr. Karan Dudhwewala, Mr. Ayush Jain ... For the Petitioner.

Mr. Joydip Banerjee, Ms. Subhra Nag ... For the State.

Mr. Mainak Bose, Sr. Adv., Mr. Neeraj Kumar Pandey, Mr. Shakeel Md. Akhtar ... For the Respondent No.6.

Mr. Manjit Singh, Sr. Adv., Mr. Prasenjit De, Mr. Arijit Dey ... For the Respondent Nos. 8 & 9.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the inaction of the police authorities pursuant to the complaint which was informed to Gariahat Police Station dated 12.12.2024 and to the Superintendent of Police, South East Division, Park Court, Syed Amir Ali Avenue, Kolkata, although the same was sent, according to the petitioner, to the office of the Deputy Commissioner, South East Division dated 23.12.2024.

In case such information which was sent by speed post is not available at the said office, the petitioner is granted liberty to serve an identical

complaint at the office of the Deputy Commissioner of Police, South East Division in course of the week. State has submitted a report which reflects that earlier a complaint case was filed being C.S. 59058/2023 which is pending before the learned Chief Judicial Magistrate, Calcutta.

Having considered the report so submitted particularly with regard to the business transactions and/or monetary transactions which had taken place in the report and the police authorities of Hare Street Police Station having already conducted an enquiry in respect of the information dated 10.06.2023, I direct that in the subsequent information which has been furnished on 23.12.2024, the Deputy Commissioner of Police will consider the information/representation and inform the complainant regarding the outcome of the decision within a period of fifteen days from the date of such decision or representation being considered by the Deputy Commissioner of Police, South East Division.

Mr. Singh, learned senior advocate appearing for the respondent nos. 8 and 9 submits that by way of instituting criminal cases, the petitioner is using the criminal law as an oblique motive for depriving the dues of the said respondents.

Be that as it may, as directed above, the Deputy Commissioner of Police, South East

Division will take steps in accordance with law by adhering to the earlier directions.

With the aforesaid observations, the writ petition being WPA 609 of 2025 is disposed of. There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)