Annapurna Mitra v. State Of West Bengal And ORS.

S/L 5 20.07.2022 Court. No. 19 GB WPA 863 of 2022 Annapurna Mitra VS The State of West Bengal & Ors.

Mr. Subhojit Saha, Ms. Aritra Chakraborty, Mrs. Sbnam Basu.

... for the Petitioner.

Mr. Wasim Ahmed.

... for the State.

Mr. Kaushik Chatterjee, Mr. Tirthankar Dey, Ms. Mouli Sarkar.

... for the Respondent Nos.5 & 6 The case diary has been produced before the Court by the Officer-in-Charge, Netaji Nagar Police Station, pertaining to Netaji Nagar Police Station Case No.201 of 2021 dated November 15, 2021. It appears that one suspect was arrested from Dhanbad on July 17, 2022 and he is still in custody. The other suspect, Manager of the Indusind Bank, Kharagpur Branch surrendered before the learned court below and he was released on interim bail. An amount of Rs.2,86,546/- has been frozen. The said amount will be refunded to the petitioner in due course. It further appears that efforts are being made to arrest the other accused persons, whose names would emerge in the course of the investigation. With regard to the allegation against one Akash Verma, the police authorities have submitted that the investigation with regard to his culpability is still going on. The status of the investigation reveals, notices under Section 91 was issued to the Manager of the bank. The details of the bank documents of the petitioner and KYC was collected.

Cyber Cell of South Sub-urban Division was communicated with, for assistance. SDR of the alleged mobile number from which the call was received by the petitioner, was collected. The same was found to be registered in the name of one Rahul Das of Burdwan. Several raids were conducted and notices under Section 41A of the Code of Criminal Procedure were also issued. Bank details of eight IMPS transactions had been collected. Beneficiary accounts were also traced. The money trail has been traced to the extent possible at this moment on the basis of the statements of the witnesses and the documents collected.

So far, the Court is satisfied with the progress in the investigation up till now. However, as it is the specific contention of the police authorities that some infrastructural support would be required by the Netaji Nagar Police Station in order to track down the entire racket of the alleged bank fraud, this court directs that the Officer-in-Charge, Netaji Nagar Police Station shall make a request before the Joint Commissioner of Police (Crime), Lalbazar, Kolkata for all assistance and support in furtherance of the investigation. Such aid, assistance and infrastructure shall be provided to the investigating officer. The Netaji Nagar Police Station has come close to solving the case. The police authorities will continue the investigation and try to recover the money. The case diary is returned to the concerned Officer-in-Charge. The writ petition is disposed of, with the above observations and with the expectation that the investigation

will be concluded in the right manner, expeditiously. The bank fraud racket must be busted.

It is submitted on behalf of the Manager, that he will cooperate with the investigation.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)