Subhrajit Mondal v. State Of West Bengal And ORS.

D/L 75 30.06.2025 ct.no.35 Kausik W.P.A. 12699 of 2025 Subhrajit Mondal

Versus

State of West Bengal & Ors.

Mr. Dinabandhu Choudhury Mr. Amal Kumar Saha Mr. I. Paul Mr. Shivam Debnath ...for the petitioner.

Mr. K.J. Yusuf, AGP Mr. Parikshit Goswami ...for the State.

Learned advocate appearing for the petitioner is aggrieved by the fact that although pursuant to the writ petition having been preferred Burwan PS Case No. 265/2025 dated 16.06.2025 has been registered for investigation but the accused persons are threatening the petitioner for informing the police authorities and the police authorities basically are killing time after registration of the FIR so that the accused persons can get an escape route in course of investigation.

State has submitted a report. Report reflects that Burwan PS Case No. 265/2025 has been registered for investigation. Report reflects further, that there was transfer of cash to the tune of Rs. 85,40,000/- and some money has been

returned but a sum of Rs. 67,40,000/- is still due. Police authorities have issued notices under section 41(A) Cr.P.C./Section 35(3) of the BNSS upon the accused. Steps are being taken by the investigating agency but if the investigating agency in course of investigation finds that the accused persons are taking law in their own hands and are trying to create pressure upon the defacto complainant or on his family members, in that case, the police authorities would resort to harsher process of law. It is further directed that police authorities would collect the documentary evidences available and inform the learned Magistrate regarding the progress of the case within a period of 30 days.

In case there is non-cooperation from the side of the accused persons, the police authorities would not only inform the Superior Officers of Police for executing the process but would also take aid of the Court as and when called for in relation to search and seizures, recovery of documentary evidences and for compelling the accused to cooperate with the investigation and take necessary steps also in case the accused evades the process of law.

With the aforesaid observations WPA 12699 of 2025 is disposed of.

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.

(Tirthankar Ghosh, J.)