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Calcutta High CourtWPA(P)/531/2024disposed

Protima Mandal v. The State Of West Bengal And ORS.

2025-02-20The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

20.02.2025 Item No.24 PG/KS Ct. No.1 W.P.A.(P) 531 of 2024 Protima Mandal

Versus

The State of West Bengal & Ors.

Mr. Dhananjay Banerjee Mr. Arup Kumar Bhowmik .....For the Petitioner Mr. Amal Kr. Sen, Ld. A.G.P.

Mr. Lal Mohan Basu .............For the State Mr. A. H. Mollah .....For the Private Respondents 1.

The petitioner, who is the Sanchalak of Shilpa-OParikathamo, Upa Samity at Dakshin Chandipur Gram Panchayat alleges that the private respondents had forged a signature in various resolutions passed by the Panchayat and embezzled Government funds. 2.

In this regard, a report has been submitted by the Block Development Officer, Manikchak Development Block dated 18th February, 2025 addressed to the learned Government Pleader, wherein it has been stated that the petitioner was present in the meeting signed the attendance register as well as the comparative statement with regard to allegation of misappropriation of public money it appears that a three members Committee was constituted by the Block Development Officer, who verified all the documents and found that there expenditure has been incurred for managing the flood like situation and the expenses was incurred by the Panchayat for the benefit of village people. If the petitioner alleges

that her signature has been forged and then she is required to lodged a complaint with the jurisdictional police, who will investigate into the matter and this Court in a public interest litigation cannot go into the disputed questions of fact. The report filed in Court be kept on record.

3.

Therefore, we dispose of this writ petition giving liberty to the writ petitioner to lodge a police complaint before the concerned police station, wherein the petitioner has alleged forgery of her signature and if such complaint is given, the concerned police authorities are directed to investigate the matter and take the same to the logical end.

4.

The petitioner is directed to enclose the copy of the earlier representation sent to the Officer-in-Charge of the concerned police station along with the fresh complaint for which liberty has been granted in this order.

5.

No costs.

6.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)