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[Cites 10, Cited by 1]

Calcutta High Court (Appellete Side)

Shampa Dey vs State Of West Bengal & Ors on 24 March, 2017

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

                                                                1

24.03.17
Sl. No. 689
  akd
                                                   W.P. 3796(W) of 2016
                                          [Shampa Dey -Vs- State of West Bengal & Ors.]


                             Mr. Samrat Choudhury
                                              ... ... for the respondent

nos. 5 to 7 Mr. Subhabrata Datta, Mr. Sanatan Panja ... ... for the State Report is filed on behalf of the State wherefrom it appears that there are cases and counter cases registered between the petitioner and the private respondent nos.5 to 7 herein. It has been stated in the report that on the complaint of the petitioner Haridevpur Police Station Case No. 571 dated 29th November, 2015 under Sections 365/385/354/372/506/114 IPC was registered against the private respondent nos.5 to 7 herein whereas on the complaint of the father of the private respondent no.6 Haridevpur Police Station Case No. 72/16 dated 9th February, 2016 under Sections 406/420/120B IPC and on the complaint of the private respondent no.5 Haridevpur Police Station Case No. 75/16 dated 12th February, 2016 under Sections 420/120B IPC were registered against the petitioner for defalcation of large sums of money. In course of investigation, statement of the petitioner has been recorded under Section 164 of the Code of Criminal Procedure. Statements of the private respondent nos.5 and 6 have also been recorded who claim that the petitioner had given them postdated cheques which, however, upon presentation were dishonoured. The said report be kept with the record. Copy of the report be handed over to the learned advocate appearing for the private respondent nos. 5 to 7 herein. 2 Learned advocate appearing for the private respondent nos. 5 to 7 submits that they have been falsely implicated in the instant case as they demanded refund of the large sums of money which was collected by the petitioner from them on dishonest representation.

In view of the aforesaid facts, I dispose of the writ petition directing the police authorities to conduct the investigation of the aforesaid cases in a fair and impartial manner exploring all angles and conclude the same at an early date. Parties are at liberty to appear before the criminal court where the aforesaid cases are pending and ventilate their grievances therein in accordance with law.

Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed to have been not admitted by the respondents.

There shall be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Joymalya Bagchi, J.)