Sri Shyam Sundar Kundu v. The State Of West Bengal And ORS.

D/L 27 25.02.2025 Bpg.

ct.no.35 W.P.A.11230 of 2023 Sri Shyam Sundar Kundu

Versus

The State of West Bengal & Ors.

Mr. Susnigdho Bhattacharyya.

...for the petitioner.

Mr. Sk. Md. Galib Ms. Jyotsna Roy Mukherjee.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that his cheque was forged and the bank authority allowed the cheque to be encashed. To that effect, information was furnished with the police authorities and accordingly Bongaon Police Station Case No.742 of dated 27.08.2021 was registered for investigation.

State has submitted a report. Report reflects that police authorities have already taken steps, report from the experts have been obtained, one of the accused person was arrested also, but the police authorities at the relevant point of time when this report was prepared was in search of another person whose identity was being enquired into.

I have considered the report submitted.

However, I find that the case was registered on 27.08.2021. More than 31⁄2 years have expired. Accordingly, I direct that the police authorities would at least put in efforts so that within a period of eight weeks from the date of communication of this order an initial report under Section 173 of Cr.P.C. is filed before the jurisdictional Magistrate.

So far as the other prayers of the petitioner are concerned, petitioner would be at liberty to canvass such issues at the appropriate stage of the proceedings before the jurisdictional court concerned. With the aforesaid observations, WPA 11230 of 2023 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)