Abdul Sattar v. State Of West Bengal And ORS.

D/L 26 09.09.2025 Bpg.

ct.no.35 W.P.A.19106 of 2025 Abdul Sattar

Versus

The State of West Bengal & ors.

Mr. Sayantan Hazra.

...for the petitioner.

Mr. Dipankar Bose Mr. Soumyadiup Chakraborty.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner has approached this Court for defreezing of the account.

Report submitted by the Inspector-in-Charge, Cyber Crime Police Station, Hooghly Rural Police District reflects that a criminal case being Cyber Crime Police Station Case No.09 of 2024 dated 14.11.2024 is pending before the jurisdictional Magistrate being the learned ACJM, Chandannagar. Having considered that the police report reflects relating to diversion of funds, petitioner is directed to approach the jurisdictional Magistrate with necessary prayers since the investigation of the case is in progress and the jurisdictional court is in seisin of the issue. There is an alternative and statutory remedy which is available under the

provisions of BNSS. In case the petitioner prefers an application, learned Magistrate will call for a report from the investigating officer of the case and thereafter independently take a decision without being influenced by any observations made by this Court.

With the aforesaid observations, WPA 19106 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)