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Calcutta High CourtWPA/27349/2024disposed

Ghan Shyam Shaw v. State Of West Bengal And ORS.

2024-12-02Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

02.12.2024 WPA 27349 of 2024 Court No. 35 G.S.Das Ghan Shyam Shaw -VsThe State of West Bengal & Ors.

Ms. Shraboni Sarkar Ms. Krishna Yadav ... for the petitioner Ms. Sonal Sinha Ms. Ashmita Chakraborty ... for the State-respondent The petitioner complains that in spite informing the police authorities, no steps have been taken against the private respondent no.7.

State has submitted a report, which reflects that an enquiry was conducted pursuant to an information received from the petitioner on 05.04.2023.

The beneficiary details were collected and four transactions were found. However, no money was found in the account.

The petitioner was further called

to Cyber Crime Police Station, Howrah in May, 2024 to apprise the said enquiry in respect of his information and he was informed that no money was found in the alleged account to be returned to him.

Having considered the nature of the allegations made against the respondent no.7 and steps taken by the police authorities, I am of the view that, the petitioner, at this stage, would prefer an application under Section 175(3) and/or Section 223 of the BNSS before the learned jurisdictional Criminal Court. The learned jurisdictional Criminal Court would exercise his/her discretion by adhering to the provisions of law and pass necessary orders.

With the aforesaid observations, WPA 27349 of 2024 is disposed.

Report so submitted be kept with the record. Let a copy of the report be

handed over to the learned advocate for the petitioner.

Affidavit-of-service so filed be kept with the record.

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.)