Ramesh Chandra Sarkar Alias Ramesh Chandra Sarker v. State Of West Bengal And ORS.

May 17, 2024 AD 5 Ct. No.14 SG WPA 26247 of 2023 Ramesh Chandra Sarkar alias Ramesh Chandra Sarker vs.

The State of West Bengal and others Mr. Indranuj Dutta Mr. Jhantu Kundu Ms. Benazir Sk.

Mr. Rahul Ghoshal ... for the petitioner Mr. Ansar Mondal Mr. Md. Idrish ... for the State Mr. Sougata Mitra Mr. Nikhil Kumar Gupta Ms. Soma Chakraborty Ms. Subhashri Chatterjee ... for the respondent No.5 Exception filed on behalf of the petitioner to the report of the State is taken on record.

Learned counsel for the petitioner submits as follows. The petitioner alleges police inaction in connection with Bowbazar PS Case No.31 dated 18.02.2023 started by the petitioner under Sections 120B, 420 and 406 of the Penal Code. Necessary documents were not collected by the police and witnesses were not examined. All transactions took place through online banking.

Learned counsel for the State alleges noncooperation of the petitioner and submits that a notice

has been issued against the accused under Section 41A of the Code. They have taken bank statements. It is denied by the private respondent that any notice was served under Section 41A of the Code. From a perusal of the case diary it appears that copies of some documents have already been collected. Although the case was started as far back in February, 2023, still the investigation is at the stage of issuance of notice to the accused under Section 41A of the Code.

Therefore, let the investigating agency expedite the matter and conclude the investigation in accordance with law and at the earliest.

Let further investigation of the case be conducted under supervision of the Deputy Commissioner of Police, Central Division, Kolkata.

With these observations, the writ petition is disposed of.

Parties shall act on a server copy of this order duly downloaded from the official website of this Court. [ Jay Sengupta, J. ]