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Calcutta High CourtFMA/833/2024disposed

Rajesh Singh v. Union Of India And ORS.

2024-12-11Hon'Ble Justice Harish Tandon,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

11.12.

Ct. No. 08 Ab FMA 833 of 2024 Rajesh Singh Vs.

Union of India and others.

--------------- Mr. Bibek Chatterjee, Mr. Tanmoy Chakraborty Ms. Paromita Sahu, Ms. Susmita Saha.

... for the appellant.

The writ petitioner/appellant, who was duped to pay a sum of Rs. 3,24,000/- for obtaining a loan of Rs. 5,00,000/-, has challenged an order dated May 3, 2024 passed by the learned Single Judge in WPA 26882 of 2023.

The learned Advocate appearing for the writ petitioner/appellant submits that though the learned Single Judge directed the investigation to be concluded expeditiously but no time limit has been fixed for conclusion of such investigation. He further submits that no effective steps have been taken by the Investigating Agency to conclude the investigation till date.

After going through the impugned order, this Court finds that on the prayer of the writ petitioner/appellant in an earlier occasion in WPA 11345 of 2022, an order for transfer of investigation of Behala Police Station Case No. 317 dated October 18, 2020 was passed and investigation was transferred to the Criminal Investigation Department, West Bengal. Thereafter, raids were conducted and finally a team of Criminal Investigation Department secured arrest of one of the accused from the State of Telengana. It further appears that an order of attachment of the property against an absconding accused has also been

passed.

In view thereof, this Court finds that the Investigating Agency is proceeding with the investigation. No time limit for such investigation can be fixed by this Court.

The submission of learned Advocate for the writ petitioner/appellant submits that a prayer for extension of time to complete the investigation has been made by the Criminal Investigation Department before the competent Court is placed on record.

For such reason, this Court is not inclined to interfere with the order impugned in this intra court appeal.

The appeal is, thus, disposed of.

There shall, however, be no order as to costs. (Harish Tandon, J.) (Hiranmay Bhattacharyya, J.)