Sutopa Das v. State Of West Bengal And ANR

16.4.2021 ks.

Ct. 42, sl.16 CRR 1113 of 2021 Sutopa Das vs State of West Bengal & Anr.

Mr. Tathagata Majumdar ... For Petitioner.

Mr. Madhusudan Sur, ld. APP, Mr. Dipankar Paramnik ... For the State.

This is for quashing of a proceeding in connection with Kasba Police Station Case No.15 of 2021 under Section 420/406/506 IPC now pending before the learned Additional Chief Judicial Magistrate, Alipore.

At the very threshold of this case, Mr. Majumder, learned Advocate appearing in virtual mode submits that the allegations attracted against the petitioner will not make out a case under Sections 420/406/506 IPC, as said to have committed in this case. The case is admittedly at the investigation stage and the petitioner is well protected obtaining anticipatory bail at the moment.

Copy of this revisionl application has not been served upon the State.

Mr. Sur, learned Additional Public Prosecutor is present in court. Since the petitioner expresses his grievance against the investigation, the same may be redressed instantly upon serving a copy of the same to Mr. Sur for the proper address of the issue now involved in this case.

Upon perusal of the materials already available in the case record, Mr. Sur submits that the case being at the investigation stage, the court should not interfere with the investigation, and it is the out come of the investigation, which would help the court to decide whether the allegations levelled against the petitioner may be attracted or not.

Having considered the submission of both sides, the court is of the view that the instant revisional application be disposed of with a direction upon the Investigating Agency to expedite the investigation, and if necessary, upon undertaking extensive and vigorous investigation, so that the logical conclusion of the investigation may be made available before the court within a reasonable period of time.

The merits of the case, if there be any, are not considered at this stage, which are left to be decided at the relevant stage of hearing before the learned court below.

With this direction and observation, the instant revisional application stands disposed of.

Urgant photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities. (Subhasis Dasgupta, J.)