Calcutta High Court (Appellete Side)
Nurul Hassan vs The State Of West Bengal & Ors on 24 January, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
24.01.2014.
Item No. 207. W.P. 29479(W) of 2013
Nurul Hassan.
Versus
The State of West Bengal & Ors.
Mr. Debashis Saha,
... for the petitioner.
Mr. Jayanta Banerjee,
... for the State.
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This writ petition has been filed praying for a direction upon the
respondent‐police authorities to proceed in accordance with law and carry out
free and proper investigation in respect of complaint being M.P. Case No. 238 of 2013.
It has been pleaded in the writ petition that the accused persons dishonestly induced the petitioner to pay substantial sums of money on the false promise of sale of immovable property which subsequently had been illegally sold to a third party and the sum advanced by the petitioner has been misappropriated.
Mr. Debashis Saha, learned advocate, appearing on behalf of the petitioner submits that the sum advanced was cheated and that the investigation in the instant case is not being conducted in a fair and proper manner.
Mr. Jayanta Banerjee, learned advocate, appearing on behalf of the State produces the records of investigation as well as para‐wise comments submitted by the respondent no. 4.
I have perused the records of investigation, I find that in course of investigation the agreement executed between the petitioner and the accused persons with regard to sale of the said property had been seized. Statements have also been recorded under Section 161 of the Code of Criminal Procedure in support of the allegations. However, it appears from the endorsements made that repeated efforts to apprehending the accused persons came to naught.
Having considered the averments in the petition including the records of investigation and the rival submissions of the parties, I find that investigation was initiated in respect of direction passed by the learned Judicial Magistrate under sub‐section (3) of Section 156 of the Code the Criminal Procedure. Although documents have been seized and statements have been recorded, I am of the opinion that further investigation needs to be made and proper steps are required to be taken for the purpose of apprehension of the accused persons.
In view of the aforesaid, I dispose of the writ petition directing the respondent no. 4 to continue with the investigation with utmost expedition and conclude the same at an early date. Steps be taken in course of such investigation for apprehension of the accused persons and resort may be made to relevant provisions of the Code of Criminal Procedure for issuance of warrant of arrest, proclamation and attachment, if necessary, against them in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
ab (Joymalya Bagchi, J.)