Chanda Ali Saha v. State Of West Bengal

13.05.2024 Serial no. 9 [G.S.D] CRR 1559 of 2024 In the matter of : Chanda Ali Saha ... ... Petitioner Mr. Bodhisatya Bhadury ... for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State Case Diary has been submitted by the State, which reflects that several notices were sent to the present petitioner and it is also reported by the State that the petitioner did not cooperate.

If, in a further investigation, the defacto-complainant do not cooperate with the investigating officer, then, it is very difficult for the investigating officer to arrive at its own fresh further finding apart from the materials which were collected earlier in course of the investigation. Having considered the conduct of the defactocomplainant, I find that the investigating officer's position is helpless. Last of the notices were received on 3rd of May, 2024 by the present petitioner as is reflected from the Case Diary.

As there has been no positive response from the petitioner and the sum and substance of these communications made by the investigating officer reflect that she is wanting list of stridhan articles, which has been complained of by the defacto-complainant and is the subject-matter of further investigation, the investigating officer would issue a further notice to the present petitioner in the week starting from 20th of May, 2024 to 25th of May, 2024. Within the said week, the present petitioner will supply to the investigating officer further list of stridhan articles, so that the investigation officer can arrive at his conclusion or progress with the case.

Addressing the grievance of the defactocomplainant, the investigating officer would take all efforts so that certain expeditious measures are taken for taking the investigation to its logical conclusion.

With the aforesaid observations, CRR 1559 of 2024 is disposed of.

Pending application, if any, is also disposed of. Case Diary be returned to the learned advocate for the State.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)