Sushil Kumar Poddar v. The State Of West Bengal And ORS.

30.09.2024 KC WPA 22482 of 2024 Sushil Kumar Poddar Vs.

The State of West Bengal & Ors.

Mr. Riddhiman Mukherjee Mr. Ghanshyam Jha Mr. Rowsan Kumar Jha ... for the petitioner.

Mr. Jayanta Samanta Mr. Kazi Sajjad Alam ... for the State.

Affidavit of service filed in Court is taken on record.

Learned advocate for the petitioner submits that the private respondents have been duly served. The learned advocate for the petitioner submits that there was a verbal understanding between the petitioner and the private respondent for manufacturing of railway component at their workshop. He further submits that pursuant to the said understanding, the petitioner sent some machinery along with raw materials for preparing the product of the railways. The petitioner alleges that when the petitioner approached the private respondent and enquired about the balance raw materials, the private respondent

refused to communicate with the petitioner. The petitioner further alleges that the private respondent refused to return the machineries and the finished products. The petitioner lodged a complaint with the Officer-in-Charge, Domjur Police Station alleging that the private respondents have cheated and misappropriated the machinery and raw materials. Learned advocate for the State submits that the dispute between the petitioner and the private respondent is purely a civil dispute. However, record reveals that pursuant to the complaint lodged by the petitioner, First Information Report (FIR) being Domjur Police Station FIR No. 909 of 2022 dated November 11, 2022 has been registered. He further submits that the investigation in connection with the said FIR is in progress.

Since, FIR was registered sometimes in the month of November, 2022, the concerned Investigating Officer is directed to conclude the investigation at the earliest and take all consequential steps thereupon. In the event the petitioner feels aggrieved with the further progress of investigation, it will be open to the petitioner to approach the Jurisdictional Magistrate for appropriate reliefs in accordance with law. With the above observations, the writ petition

stands disposed of.

There shall, however, be no order as to costs. (Hiranmay Bhattacharyya, J.)