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Calcutta High CourtWPA/13430/2026disposed

Kartik Sinha v. State Of West Bengal And ORS.

2026-06-24Hon'Ble Justice Saugata Bhattacharyya3 pages

W.P.A. 13430 of 2026 rkd 24.06.2026 Ct.05 Kartik Sinha -vsThe State of West Bengal & Ors.

Mr. Rishav Singh, Mr. Soumalya Dutta ....for the petitioner.

Mr. Subhash Ch. Sarkar ....for the respondent no.3.

Mr. Satyam Mukherjee ....for the respondent no.4.

Mr. Suryaneel Das, Ms. Suchitra Sinha Chatterjee, Ms. Sumita Sarkar ....for the State.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By presenting this writ petition, inter alia, petitioner has prayed for transfer of investigation to Criminal Investigation Department (CID) for expeditious conclusion of the investigation in connection with Bhowanipore Police Station Case No. 64 dated 19th April, 2024, in spite of expiry of two years till date charge-sheet is not filed before the jurisdictional Magistrate.

3.

State respondents and respondent nos.3 & 4 are represented by learned advocates.

4.

Mr. Das, learned Additional Government Pleader representing the State respondents has filed a

communication dated 22nd June, 2026 of Officerin-Charge, Bhowanipore Police Station, Kolkata and same is taken on record. Copy of the said communication dated 22nd June, 2026 is made over to the learned advocate representing the petitioner.

5.

It is disclosed in the communication dated 22nd June, 2026 that though aforesaid criminal prosecution was initiated under Sections 120B/403/406/419/420/465/466/468/469/471/474 of IPC but subsequently Section 467 of IPC was added.

6.

It is also disclosed in the communication dated 22nd June, 2026 that petitioner provided original Development Agreement, Power of Attorney, Deed of Declaration, Sanction letter, Building Sanction Plan, Mutation document, Property Tax receipts and those documents were duly seized and thereafter those were returned to the petitioner on execution of Zimmanama Bond.

7.

In connection with the investigation notices were served under Section 41A CrPC to three FIR named accused persons and they were examined and their statements were recorded.

8.

Due to superannuation of the then Investigating Officer a new police officer was entrusted with the responsibility to complete the investigation. 9.

It is also stated that after declaration of result of Assembly Election, 2026, steps are being taken to complete the investigation at an early date.

10. In view of steps taken, Investigating Agency is directed to expedite the investigation and submit report before the jurisdictional Magistrate at an early date, preferably within a period of six months from date.

11. Since investigation has progressed to certain extent at this stage prayer of the petitioner for transferring the investigation to CID is negated.

12. With the aforesaid observation and direction, the writ petition stands disposed of.

13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)