Abhi Bhattacharjee v. Union Of India And ORS.

28.03.2023.

Court No.13 Item No. 16 ap W.P.A. No. 2006 of 2023 Abhi Bhattacharjee

Versus

Union of India & Ors.

Mr. Soumyajit Das Mahapatra, Mr. Soumya Nag, Ms. Madhurai Sinha.

...For the petitioner.

Mr. Santanu Kumar Mitra, Mr. Sudip Sarkar.

...For the State.

Mr. Rajdeep Majumder, Mr. Mayukh Mukherjee.

...For the respondent no.7.

Ms. Soni Ojha, Ms. Sonia Nandy.

...For the respondent no.10.

Ms. Sreemoyee Mitra.

...For the respondent no.11.

Let the Director, Serious Fraud Investigation Office, who is in no way connected with the instant proceedings or the subject matter thereof, be struck off from the array of the respondents.

The Officer-in-charge, Netaji Nagar Police Station has filed a report dated 27th March, 2023. The same is kept with the record.

It appears therefrom that the investigation is progressing with the help of the local Cyber Crime Division of the police. It further appears therefrom that Federal bank, which is a beneficiary account, has cooperated in the investigation. The Canara Bank, Gariahat Branch has not been issued notice under Section 41A of the Code of

Criminal Procedure as they have already frozen the account of the petitioner's wife. There are a large number of transactions in the said account.

Canara Bank, Gariahat Branch undertakes before this Court that they shall co-operate with the investigation by the police.

Counsel for the HDFC Bank has not been able to indicate as to the notice issued under Section 41A of the Code of Criminal Procedure has been received by her clients.

Let a copy of such notice be handed over to the HDFC Bank and they shall extend all co-operation and assistance as and when called for by the police. Let the investigation be expedited and completed mandatorily and positively within two months from date. All attempts shall also be made by the Investigating Officer to recover the lost money. With the aforesaid directions, the writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)