Madhumay Chakraborty v. State Of West Bengal And ANR
IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction 12-10-2023 Subha Item no.87 Ct no.34 CRR 3722 of 2023 Mr. Madhumay Chakraborty -versus- State of West Bengal and Anr.
Ms. Rita Patra Ms. Pusmita Das ..........for the petitioner.
Mr. Bidyut Kumar Roy Mr. M. F. A Begg ...for the State.
Petitioner is directed to serve a copy of the revisional application upon Mr. Bidyut Kumar Roy, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course Learned advocate for the petitioner submits that the amount which was invested was for the purpose of a web series which was to be broadcasted.
Learned advocate for the petitioner submits that in the midst of that the complainant wanted refund of the money and as such advance cheques were handed over.
However, the complainant pursued for initiation of a criminal case and consequently Baguiati P. S. Case No. 393 of 2023 dated 09-072023 has been registered for investigation. Mr. Roy, learned advocate for the State opposes the contentions advanced on behalf of the petitioner. I have considered the submissions and I find that the
investigation has commenced in the month of July, 2023. Prima facie, in the letter complaint, there are reflection of allurements for the purposes of which the petitioner was compelled to pay/hand over a sum of Rs.46 lakhs. So far as the other contentions are concerned, the same relate to question of facts. Having considered the same, I am not inclined to interfere at this stage when the investigation of the case is in progress. Petitioner would be at liberty to take up the points at the appropriate stage of the proceedings.
If a notice under Section 41A CrPC is issued, the petitioner would submit all the documents in his custody to the Investigating Officer of the case, the Investigating Agency would expedite the process by furnishing a report under Section 173 of the Cr. PC after arriving at its logical conclusion.
With the aforesaid observations, the present revisional application being CRR 3722 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]