Nirmal Kumar Naskar v. State Of West Bengal And ORS.

23-06-2021 ct no. 13 Sl.7 sp WPA 6404 of 2021 Nirmal Kumar Naskar -VersusState of West Bengal & Ors.

(Through Video Conference) Mr. Sandip Ghosh Chowdhury, Mr. Argha Das ....for the petitioner Mr. T.M. Siddique ....for the State Mr. Biswajit Dutta ...for the respondent no. 5 Counsel for the petitioner complains that a sum of Rs. 1 lakh was wrongfully removed and/or taken away and/or stolen from his bank account through ATM on November 16, 2020.

The bank account of the petitioner is with the State Bank of India, Baruipur Branch, South 24-Parganas, being respondent no. 2 herein.

The petitioner submitted that he has lodged a written complaint on November 18, 2020 before the Officer-in-Charge, Baruipur Police Station. It is further submitted that apart from making a G.D. Entry, the Baruipur Police Station has not taken any steps.

Mr. Siddique, learned counsel for the State and Mr. Dutta, the learned counsel for the

Baruipur Police Station, respondent no.5 denies the allegations of the petitioner.

It is submitted that immediately upon receipt of the complaint, the same was transmitted to the Baruipur Cyber Crime Police Station. The said Police Station has contacted the State Bank of India, Baruipur Branch and has sought CCTV footage and other inputs as required by the police. It is further submitted by Mr. Siddique that the State Bank of India after initial delay has furnished some CCTV footage and some documents and investigation is going on.

This Court, therefore, directs the Officerin-Charge, Baruipur Cyber Crime Police Station, respondent no. 5 to expedite and complete the investigation and file a final report before the Court of the learned ACJM, 1st Court, Baruipur, South 24 Parganas within one month from date. It is made clear that in the event there is no cooperation from the State Bank of India, Baruipur Branch or any third party, immediate and urgent steps under the provisions of Cr.

P.C. shall be initiated by the respondent no. 5 to enforce attendance of such person and/or production of documents.

With the aforesaid observations, the instant writ petition is disposed of.

There shall be no order as to costs.

The petitioner shall furnish a copy of the FIR registered by the respondent no. 5 upon being requested.

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

(Rajasekhar Mantha, J.)