Xxxxx v. The State Of West Bengal And ORS.
WPA 15316 of 2025 Sl.No.
28.07.2025 Court No. 35 G.S.Das XXX -VsThe State of West Bengal & Ors.
Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the Petitioner(s) Mr. Joydeep Banerjee Mr. Bellal Shaikh ... for the State-respondent(s) Mr. Suman Chakraborty ... for the private respondent no. 4 Re The petitioner is aggrieved by the fact that inspite of warrant of arrest being pending for a considerable period of time in connection with Chinsurah PS Case No.
490 of 2023, the principal accused was not traced out and, there were no efforts on behalf of the police authorities either to trace out the accused and/or to unearth in respect of the amount of Rs.13 lakh which was obtained by deception.
Be that as it may, it has been informed by Mr.
Banerjee, learned advocate appearing on behalf of the State,
that he has information that today, the respondent no.4, namely, Partha Sarathi Ghosh, has appeared before the learned CJM, Hooghly.
Learned advocate for the private respondent no.4 also supports the contentions advanced by the State.
Having considered that one of the grievances of the petitioner has been addressed, so far as the issue relating to tracing out Rs.13 lakh is concerned, since Charge-sheet has already been submitted before the jurisdictional court, if the petitioner is aggrieved by any part of the investigation, she will invoke the jurisdiction of the concerned court under the relevant provisions of under Section 173(8) Cr.P.C.
The concerned court would assess regarding the efforts of the police authorities, materials collected in course of the investigation, thereafter, pass necessary directions as it deems fit and proper. If such an application is preferred, within a
period of 30 days, the same be disposed by the jurisdictional court.
With the aforesaid observations, WPA 15316 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)