Kanchan Kumar Chanda v. State Of West Bengal And ORS.

02.09.2021 Ct. No.13 Sl. No.6 akd W.P.A. 10993 of 2021 [via video conference] [Shri Kanchan Kumar Chanda -Vs- The State of West Bengal & Ors.] Mr. Malay Dhar Mr. Biswajit Sarkar ... ... for the petitioner Mr. Raja Saha Mr. Subhabrata Das ... ... for the State The Investigating Officer namely, Mr. Miraj Ahmed is personally present in court. Case diary has been produced. Learned counsel for the State has placed in detail all steps taken by the IO in investigating the complaint of the petitioner.

It appears that after completion of other formalities the accused-respondent was issued notice under Section 41A and his statements were recorded by the Investigating Officer. The accused stated that he was suffering from various ailments and his business suffered during COVID-19. He was ready and willing to repay all sums taken from the writ petitioner. Based on the above, charge-sheet No. 33 of 2021 dated 31st March, 2021 under Sections 420/406 of the Indian Penal Code had been submitted before the learned Additional Chief Judicial Magistrate, Alipore. It is expected that the matter is sent for trial as expeditiously as possible.

In view of the above, while there may have been some initial delay in receiving the petitioner's complaint, the Investigating Officer of the Sarsuna Police Station named above has acted diligently in conducting the aforesaid investigation.

A copy of this order may be sent to the learned Additional Chief Judicial Magistrate, Alipore.

The writ petition is, therefore, disposed of. Personal appearance of the Investigating Officer is dispensed with.

There shall be no order as to costs.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.)