Dipti Singha v. State Of West Bengal And ORS.

13.9.2023 Ct. No. 14 SB W.P.A. 19746 of 2023 Dipti Singha Vs.

The State of West Bengal & Ors.

Mr. Sujan Chatterjee Mr. Anirban Guhathakurata Mr. Sourparna Sinha ... for the petitioner Mr. Somnath Ganguli, A.G.P.

Ms. Priyamvada Singh ... for the State Mr. Pankaj Halder Mr. Sanatan Panja ... for respondent nos. 6 to 9 Affidavit of service filed by the petitioner is taken on record.

Report filed on behalf of the State is also taken on record. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner is a co-owner of a property which was sought to be developed by engaging a developer being the respondent no. 6. However, the respondent no. 6 by forging the signature of the petitioner, prepared a document and constructed two additional floors illegally. A case was started in this regard by the Municipal Corporation under Section 401A of the Kolkata Municipal Corporation Act where the petitioner was also made an accused. The petitioner has lodged the F.I.R. in this regard, but the case is not being investigated properly. Even her statement has not been recorded separately.

Learned counsel appearing on behalf of the private respondents denies the allegation and submits that there is no such document where the petitioner's signature was forged.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. The investigation is being done in the case started at the behest of the petitioner. However, no document as alleged by the petitioner could be recovered till now.

It appears that investigation into the case started by the petitioner is still on while a charge sheet has already been submitted in the case under Section 401A of the Kolkata Municipal Corporation Act.

Let the Investigating Officer conclude the investigation expeditiously in accordance with law.

With these observations, the writ petition is disposed of. As no affidavit called for, the allegations made are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (JAY SENGUPTA, J.)