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Calcutta High CourtWPA/24709/2024disposed

India Power Corporation Limited v. State Of West Bengal And ORS.

2024-11-20Hon'Ble Justice Tirthankar Ghosh4 pages

Sl.No.

20.11.2024 WPA 24709 of 2024 Court No. 35 G.S.Das India Power Corporation Limited -VsThe State of West Bengal & Ors.

Mr. Kallol Bose Mr. Kallol Kumar Basu Mr. Sagar Saha Mr. Bratin Dey Mr. Jannat ul Firdous ... for the Petitioner Mr. Suman Sengupta, ld. Sr. Govt. Adv.

Mr. Santanu Panja ... for the State-respondent(s) Mr. Pinak Kumar Mitra Ms. Sananda Bhattacharya ... for the respondent no.8 Affidavit of service so filed be kept with the record.

The petitioner complains that the bank guarantee so furnished was found to be forged. Accordingly, a criminal case, being Electronics Complex PS Case No.

of dated 23.05.2023, was registered for investigation.

However, the police authorities did

not effectively investigate the case and left out the principal accused, but, till date, no steps have been taken for tracing out the said accused.

Learned advocate appearing for the respondent no.8 submits that he was arrested and, subsequently, released on bail. According to the learned advocate, as instruction(s) received by him, the investigating agency on completion of investigation has submitted charge-sheet.

State has submitted a report, which reflects that charge-sheet has already been submitted before the learned jurisdictional court.

In view of the charge-sheet having been submitted and if it is found that some of the accused persons are still evading the process of law and/or absconding, the police authorities would immediately pray for harsher process of

law, which would include non-bailable warrant of arrest, thereafter, proclamation in accordance with law and, thereafter, if required, attachment of the properties.

The learned Magistrate in seisin of the matter would adhere to the provisions of law in respect of the issuance of proclamation and attachment.

With the aforesaid observations, WPA 24709 of 2024 is disposed of.

Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)