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Calcutta High CourtWPA/9250/2022disposed

Bipin Kumar Shashtri v. State Of West Bengal And ORS.

2022-06-17Hon'Ble Justice Shampa Sarkar2 pages

S/L 67 17.6.2022 Court. No. 19 sn WPA 9250 of 2022 Bipin Kumar Shashtri Vs.

The State of West Bengal & Ors.

Mr. Moyukh Mukherjee Ms. Pallavi Gogoi Ms. Neha Singh ... for the petitioner Mr. J.N. Chatterjee Mr. S. Naskar Ms. Pritha Sinha ... for the respdts.6-10 Mr. Amitesh Banerjee Mr. Suddhadev Adak ..for the State The allegation of the petitioner is that the investigating agency has failed and neglected to discharge their duties.

It is alleged that the progress in the investigation of Jadavpur Police Station Case No.145 dated April 18, 2021 under Section 120B/420/406 of the Indian Penal Code has been rather slow and lackadaisical. The specific allegation is that the police authorities have not made any attempt to arrest the respondent nos.6 to 10. That six E-bikes have been sold to third parties illegally and in breach of the business agreement that had been entered into between the parties.

Mr. Naskar, learned advocate appears on behalf of the respondent nos. 6 to 10 and submits that the respondent no.6 has obtained bail. The police authorities also submit that notices under Section 41A

of the Code of Criminal Procedure had been issued upon the respondent nos. 6 to 10.

This Court finds that in response to the notice under Section 41A of the Code of Criminal Procedure, all the accused persons appeared before the concerned police station and have made themselves available for interrogation. The E-bikes have been seized.

Under such circumstances, this Court is of the view that justice would be sub-served, if the police authorities are directed to complete the investigating, fairly and impartially and conclude the same expeditiously.

It is made clear that the investigation must be completed within three months from the date of Communication of this order.

The Officer-in-Charge, Jadavpur Police Station shall ensure that the order of this Court is complied with.

The police is report is taken on record.

Accordingly, this writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)