Calcutta High CourtCRR/1691/2025disposed

Dipanwita Mukherjee Mondal v. State Of West Bengal

2025-09-11Hon'Ble Justice Debangsu Basak2 pages

11.09.2025 DL-6 CRR 1691 of 2025 Court No.26 (AD) In Re.: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 corresponding to Sections 438/442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Smt. Dipanwita Mukherjee Mondal ... ...petitioner Mr. Uday Sankar Chattopadhyay, Advocate Mr. Biswajit Maity, Advocate Ms. Aishwarya Dutta, Advocate ... for the petitioner Mr. Ranabir Roy Chowdhury, Advocate Mr. Akash Ganguly, Advocate ... for the State

1. Revisional application is directed against the order dated February 13, 2025 passed in GR Case No.1759 of 2024 arising out of Uttarpara Police Station Case No.205 of 2024 dated May 25, 2024 under Sections 420/406 of the Indian Penal Code, 1860 and Section 66D of the Information Technology Act, 2000.

2. Learned Advocate appearing for the petitioner submits that, the police conducted a perfunctory investigation and submitted a final report as to mistake of fact before the jurisdictional Court. Jurisdictional Court erred in accepting such report without looking into the conduct of the investigation or the materials in the case diary.

3. State is represented.

4. It appears from the records that, although, the police complaint discloses that the petitioner was defrauded, the police did not carry out appropriate investigation into the

bank account in which the money was transferred and the persons who operated such bank account.

5. Learned Judge acted with material irregularity in accepting such police report by the impugned order dated March 7, 2025.

6. In view of the discussions above, the order dated March 7, 2025 is set aside.

7. Police will conduct further investigation into the police compliant, in accordance with law, through the appropriate authority.

8. On completion of such investigation, needless to say, police will submit its report before the jurisdictional Court.

9. CRR 1691 of 2025 is disposed of accordingly. (Debangsu Basak, J.)