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Calcutta High CourtWPA/14927/2024disposed

Ramesh Kumar Agarwal v. State Of West Bengal And ORS.

2025-08-14Hon'Ble Justice Amrita Sinha2 pages

D/L 11 14.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 14927 of 2024 Ramesh Kumar Agarwal Vs.

The State of West Bengal & Ors.

Mr. Phiroz Edulji, Sr. Adv Mr. Koushik Kundu ...for the Petitioner.

Mr. Pantu Deb Roy, AGP Mr. Subrata Guha Biswas ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner is aggrieved by the manner in which the investigation is proceeding in respect of the Hare Street Police Station Case No. 326 dated 30th June, 2009 under Sections 403/406/409/418/420/477A of the Indian Penal Code.

3. The petitioner prays that the investigating officer ought to be changed and the investigation to be relegated to some other authority.

4. It is the further contention that the police of the Hare Street Police Station is pressurizing the petitioner to enter into an amicable settlement with his brother against whom the complaint was lodged by the petitioner.

5. From the report forwarded by the Officer-in-Charge, Hare Street Police Station dated 10th August, 2025 it appears that the investigating officer, SI Soumitra Das got transferred to another police station incompliance with

order of the Joint Commissioner of Police (HQ) vide order no. 44 dated 27th January, 2024.

6. Subsequently, the further investigation of the case was transferred to another officer of the Hare Street Police Station and the investigation is reported to be at the verge of completion and report in final form will be submitted before the learned Court shortly.

7. Surprisingly, the Officer-in-Charge, for reasons best to known to him, has not disclosed the name of the police officer presently investigating the subject case. The name of the erstwhile investigating officer who got transferred has been disclosed but the current officer, if any, has not been named in the report.

8. The complaint was admittedly lodged in June, 2009 and even in the mid of August, 2025 investigation is yet to be over. The delay in concluding the investigation is certainly a matter of concern.

9. The Court is, accordingly, constrained to direct the Deputy Commissioner of Police (Central) to oversee the process of investigation and ensure that the same is concluded in accordance with law at the earliest without any further delay.

10. The writ petition stands disposed of.

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

(Amrita Sinha, J.)