S.P. Talukdar One Man Committee v. State Of West Bengal And ORS.

1 03.07.2025 SM Court No.238 WPA 10153 of 2025 S. P. Talukdar One Man Committee Vs.

State of West Bengal & Ors.

Mr. Neguive Ahmed ... ...for the petitioner Mr. Tanmay Kumar Ghosh, Sr. Adv.

Ms. Payel Ghosh ... ... for the State Mr. Jaydeep Biswas Mr. Koushik Ghosh Mr. Milan Das ... ... for the private respondent nos.5 and 6 Learned counsel for the State submits a report received from Officer-in-Charge, Hare Street Police Station. Let it be kept with the record.

Learned counsel appearing for the petitioner submits that the petitioner, in compliance with the directions of the Hon'ble Division Bench passed in MAT No.559 of 2015, duly published in its official communication, requisite particulars pertaining to various stages of implementation of the said order, including identification, inventory, valuation publication, auction and the result of auction thereof, along with the particulars of self receipts received for information of all stakeholders. One Sandipan Dutta and one Subhrajyoti Datta being the respondent nos.5 and 6 in the instant application have committed fraud and forgery and received an amount of

Rs.7,10,000/- by forging certificates from the bank account of the petitioner. Thereafter a complaint was lodged against the said respondents the investigation is ongoing, however, the respondent nos.5 and 6 are on bail.

Learned counsel further prays for a direction that the investigation be transferred from Hare Street Police Station Case No.341 of 2024 dated 17.12.2024 to Criminal Investigation Department, C.I.D., West Bengal as investigation has been continuing since a long period of time and to conclude the same at the earliest. It is also prayed that the investigation to be conducted by a senior officer of the C.I.D. not below the rank of Deputy Superintendent of Police. Learned counsel appearing for the respondent nos.5 and 6 are present and submits that no investigation by any other agencies is required as they are on bail.

Learned counsel appearing for the State files report and submits that they do not have any objection if the investigation is transferred from Hare Street Police Station to C.I.D., West Bengal. Heard learned counsels for the parties.

As public money has been defrauded by the respondent nos.5 and 6 and the investigation is continuing since a long period of time without any

fruitful result, we think it will be just and proper if the investigation is transferred from the present investigation officer to C.I.D.

and investigation be conducted by any other senior officer whose rank should not be below the Deputy Superintendent of Police of C.I.D. The current investigating officer is requested to hand over all relevant documents regarding said investigation in Hare Street Police Station Case No.341 of 2024 dated 17.12.2024 within one week from date to the investigation officer who shall be appointed by the Additional Director General of Police, Criminal Investigation Department within five days from date. The learned counsel for the State is requested to communicate this order to A.D.G.P., C.I.D.

With the above observations, the writ petition being WPA 10153 of 2025 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Apurba Sinha Ray, J.) (Rajarshi Bharadwaj, J.)