Calcutta High Court (Appellete Side)
Meena Singh & Ors vs The State Of West Bengal & Ors on 10 December, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
10.12.2024 W.P.A. 20227 of 2024
Item No.32
Ct. No.35
dc.
Meena Singh & Ors.
versus
The State of West Bengal & Ors.
Mr. Pratip Mukherjee,
Ms. Rima Banerjee,
Mr. P. Biswas ... For the Petitioners.
Mr. Vimal Kumar Shahi,
Mr. SM Samim Ullah ... For the State.
Mr. Piush Chaturvedi,
Mr. Chittapriya Ghosh,
Ms. Priyanka Saha,
Ms. Maitrayee Chatterjee ... For the Respondent No.4.
Mr. Rajdatta Chattopadhyay, Ms. Risha Das, Mr. Swastik Daga ... For the Respondent Nos. 9,10 &11.
The petitioners are aggrieved by the manner in which the investigation of Serampore Police Station Case No. 278/2024 dated 10.05.2024 is progressing.
Mr. Shahi, learned advocate appearing for the State has produced the case diary. The investigating officer has already put in efforts for recording the statement and obtaining the requisitions from the ADSR.
The grievance of the petitioners is that the signatures of the present petitioners were forged and the property was sold thereby depriving the petitioners of their legitimate dues.
If the property has been sold, the investigating agency will work out on the issues relating to necessary requisites in respect of the documents, the transactions, the stage at which the 2 special power of attorney holder assumes the power for registration of the property and whether at any stage the signatures of the present petitioners were obtained. If comparison of the signatures is required, the said comparison would be done in accordance with provisions of law under Section 311A of the Code of Criminal Procedure.
The police authorities would take steps for collection of the documents, if subsequently there are number of owners of the property (presently) the investigating officer would check the lineage from where the transaction took place. All efforts be taken to take the investigation to its logical conclusion within a reasonable period of time.
Mr. Chaturvedi, learned advocate appearing for the respondent no.4 submits that the manner in which the initiation of the investigation of the case has been set into motion is questionable because of the suppression of earlier information being not entertained by court of law.
With the aforesaid observations, the writ petition being WPA 20227 of 2024 is disposed of.
The observations made hereinabove are for adjudicating the writ petition which is at the investigation stage. None of the opinion expressed relates to merit of the case and would prejudice the rights of the parties, if remedies are available before other forum.
3
There shall be no order as to costs.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)