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Calcutta High CourtWPA/15367/2022disposed

Paromita Kundu v. State Of West Bengal And ORS.

2022-08-26Hon'Ble Justice Shampa Sarkar2 pages

S/L 200 (ML) 26.08.2022 Court. No. 19 GB WPA 15367 of 2022 Paromita Kundu VS The State of West Bengal & Ors.

Mr. Shahjahan Hossain, Ms. Saujida Sultana.

... for the Petitioner.

Mr. Amitesh Banerjee, Mr. Suddhadev Adak.

... for the State.

Mr. Rahul Karmakar, Mr. Sounak Mukherjee.

... for the Respondent Nos.5 & 6.

Affidavit-of-service filed in Court today, be kept with the record.

The writ petition has been filed for a direction upon the Girishpark Police Station to proceed with the investigation relating to Girishpark Police Station Case No.54 of dated March 23, under Sections 120B/420/467/468/471 of the Indian Penal Code. Today, when the matter is taken up, Mr. Banerjee, learned Senior Standing Counsel submits on instruction that on July 18, 2022, the case records have been transferred to the Anti-Fraud Section of the detective department for investigation. During investigation, some documents were seized from the complainant under proper seizure list. Original deed of partnership dated July 14, 1992, executed between Tarun Kumar Dey (since deceased), son of late Kartick Chandra Dey and Kalyan Dey including the alleged supplementary deed of partnership dated April 3, 2018 were seized by the authorities upon issuance of proper seizure list.

During investigation, the specimen signatures of the FIR named accused persons were obtained. The accused persons were examined and their statements were recorded. The specimen signatures of the accused along with the admitted signature and handwritings of the complainant's father, Mr. Tarun Kumar Dey (since deceased) shall be sent to the handwriting expert for necessary examination in respect of the authorship of the questioned deed. The allegation of the petitioner is that his father's signature was forged in the supplementary partnership deed.

Under such circumstances, as the Anti-Fraud Section, Detective Department has already taken over the investigation and has sent the questioned documents for expert opinion, nothing further remains to be decided in the writ petition.

The Investigating Officer of the Anti-Fraud Section, Detective Department shall send the signatures for expert opinion to the Questioned Document Department, Bhawani Bhawan within three days from the date of communication of this order. Such expert's opinion shall be provided within a period of four weeks from receipt of the documents. The investigation shall be concluded promptly and fairly and all appropriate steps as required under the law, shall be taken. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)