Surojit Roy v. State Of West Bengal And ANR

21.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.42 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 636 of 2024 In the matter of : Surojit Roy ... Petitioner.

Mr. Asis Bhattacharyya, Mr. B. Mitra, Ms. Nilam Shau, Mr. Sukhen Bar ... For the Petitioner.

Petitioner has challenged the continuance of Baruipur Cyber Crime Police Station Case No. 15 of 2023 dated 28.09.2023. I have considered the submissions of the learned advocate appearing for the petitioners wherein the petitioner claims that he is innocent of the charges and the de facto complainant has falsely implicated him in this case because of the de facto complainant's account being hacked. The petitioner is in no way connected with this transaction. Be that as it may, the investigation of the case is in progress.

Having taken into account the nature of the investigation which is required to be conducted in respect of cases where bank accounts are hacked and there are transfer of funds without the knowledge of the account-holders, I am of the opinion that at this stage, it is not fit and proper to interfere with the investigation of the case. The petitioner would be at liberty to approach this Court after the report under Section 173 of the Code of Criminal Procedure is filed before the jurisdictional court and the documents under Section 207 of the Code of Criminal Procedure is served upon him.

With the aforesaid observations, the revisional application being CRR 636 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

Department is directed to communicate this order to Baruipur Cyber Crime Police Station.

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.)