Vivekananda Tiwari v. State Of West Bengal And ORS.

D/L 127 26.03.2025 Kausik ct.no.35 W.P.A. 17792 of 2024 Vivekananda Tiwari

Versus

State of West Bengal & Ors.

Mr. Moyukh Mukherjee Mr. Koustav Lal Mukherjee Ms. Sagnika Banerjee Ms. Sarmistha Basak Mr. Kaustav Bhattacharya ...for the petitioner.

Mr. Ranajn Kali Ms. Payel Nath ...for the respondent no. 4.

Mr. Sirsanya Bandopadhyay, Sr. St. Counsel Mr. Suman Sengupta, Sr. Govt. Adv.

Mr. Tarak Karan Mr. Sanatan Panja ...for the state.

Petitioner submits that he has been victimized as he intended to sell his family property which is a larger piece of land and a part of the property belonged to one of Akhilananda Tiwari whose daughter namely, Priyanka Tiwari after the demise of her father initiated the instant case being Polba PS Case No. 308/2023 dated 09.12.2023. The said case was registered under the relevant provisions of cheating and forgery.

Mr. Mukherjee, learned advocate appearing for the petitioner submits that the power of attorney

was executed in favour of Sanjay Saha and Krishna Roy who are the main perpetrators of crime and the present petitioner along with other family members are victim of circumstances as their signatures have been forged by the said power of attorney holders. Mr. Bandopadhyay, learned senior standing counsel appearing for the State submits that the handwriting expert's opinion, the finger print expert's opinion as well as other corroborative evidence including the money trail do suggest involvement of the petitioner and other accused persons in connection with the instant case.

Mr. Kali, learned advocate appearing for the respondent no. 4 rebuts the contention of the petitioners by submitting that not a single farthing has been received by the complainant and she has been deprived of her father's property which has been duped by the accused persons who happened to be relations.

I have considered the submissions of the learned advocate for the petitioner which is based on issue relating to disputed question of facts. At this stage, this court is not in a position to appreciate the truth or falsity of the accusations. Further the materials which have been collected by the investigating agency do prima facie establish a case

for the police authorities to submit their report under section 173 of the Cr.P.C.

Accordingly, I am not inclined to interfere at this stage.

Petitioners will exhaust their statutory remedies and would be at liberty to approach this court at the stage of consideration of charges. With the aforesaid observations WPA 17792 of 2024 is disposed of.

Case diary be returned to the learned advocate appearing for the State.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)