Calcutta High CourtWPA(P)/151/2024dismissed

Pradip Maity And ORS. v. Union Of India And ORS.

2024-06-20The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

20.06.2024 Item No.9 PG/KS Ct. No.1 W.P.A.(P) 151 of 2024 Pradip Maity & Ors.

Versus

Union of India & ors.

Mr. Pratip Kr. Chatterjee Mr. Amitabha Karmakar Mr. Anup Kr. Bhowmick .........for the petitioners Mr. Kishore Datta, Ld. AG Mr. Amitesh Banerjee, Ld. Sr. Standing Counsel Mr. Jahar Lal De Mr. Rudrajit Sarkar Mr. Supratim Dhar...........for the State Mr. Rajdeep Majumder, Ld. DSGI Mr. Arijit Majumdar..........for the Union of India

1. By this writ petition, the petitioners allege that the private respondents 11 to 17 have cheated the public en masse by collecting huge sums of money and the offence committed by them is not only restricted in the State of West Bengal but the other States as well and the petitioners pray for a direction that all police cases from the different districts of West Bengal and other States should be transferred to the Central Agency like the Central Bureau of Investigation or the Enforcement Directorate for investigation.

2. Admittedly, the petitioners are depositors in a scheme floated by the private respondents and according to them, they have been cheated.

3. The aggrieved persons have already lodged complaints with the jurisdictional police and F.I.R has been registered.

4. Therefore, if according to the petitioners, there is no proper progress in the investigation or the requisite action has not been initiated by the police authorities, then the aggrieved persons have sufficient remedy under the provisions of the Code of Criminal Procedure and this issue cannot be treated as a public interest litigation especially when the petitioners voluntarily submitted themselves to a scheme floated by the private respondents and now alleged that they have been cheated.

5. Therefore, it is open to the petitioners and other aggrieved persons to work out their remedies in accordance with law.

6. With the above observations, the writ petition is dismissed.

7. No costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)