Sushanta Kr. Ghosh v. State Of West Bengal And ORS.

September 20, 2023 AD 7 Court No.14 SG WPA 22659 of 2023 Sushanta Kumar Ghosh vs State of West Bengal and others .

Mr. Sabyasachi Chatterjee Mr. Sandipan Das Mr. Sayan Banerjee Mr. Badrul Karim Ms. Indrani Roy Ms. Priyanka Paul Mr. Kiron Sk.

Mr. Dipankar Das ... for the petitioner Mr. Jayanta Samanta Mr. Manas Kumar Sadhu ... for the State Affidavit of service filed in Court is taken on record. A report filed by the State is also taken on record. A copy of the same is handed over to learned advocate for the petitioner.

Learned advocate appearing for the petitioner submits as follows. The accused had cheated the petitioner of a sum of Rs.11 lakhs by saying that he would deposit such sum for the purpose of the petitioner's medical insurance. Soon thereafter, the complainant came to know that he had been cheated by the accused. The petitioner filed a complaint against them at Kalna Police Station. After sometime the accused refunded a sum of Rs.8 lakhs to the complainant and thereafter they became untraceable. The police did not investigate the case properly and filed a final report on

the flimsy ground that the accused were not working at the concern which they had claimed and they could not be traced.

Learned advocate for the State relies on the report and submits as follows. As per the order dated 16.02.2023 passed by learned Magistrate directing further investigation by another officer of Kalna Police Station, investigation has been entrusted to another. The accused could not be traced as yet. A requisition has been made for obtaining the CDR and SDR details and necessary documents have been sought from the concerned bank authorities. The investigation is continuing.

It appears that some of the cheques were issued for payment of a part sum to the petitioner by one ABM Global Service.

Let the investigating officer look into the aspect whether the accused had any connection with the said concern.

The investigation shall be carried out under the supervision of the DSP of the Economic Offences Wing of the particular district.

The investigating officer shall conclude the investigation expeditiously and in accordance with law. With these observations, the writ petition is disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

[ Jay Sengupta, J. ]