Disposed

India Power Corporation Limited v. State of West Bengal and Ors.

Calcutta HC20 Nov 2024WPA/24709/2024

Case brief

AI extract

What is this about?

Petitioner sought direction regarding ineffective investigation into a forged bank guarantee case. Charge-sheet was submitted; court observed that if accused are absconding, police should seek non-bailable warrants, proclamation and attachment per law, and disposed of the writ petition.

What did the court decide?

Directions for police to pursue NBW/proclamation/attachment against absconding accused; report copy handed to petitioner.

India Power Corporation Limited Vs State of West Bengal… — Quashing and FIR | Calcutta HC (2024)

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Sl.No. 58 20.11.2024 Court No. 35 G.S.Das

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WPA 24709 of 2024

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India Power Corporation Limited -Vs-

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The State of West Bengal & Ors.

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Mr. Kallol Bose Mr. Kallol Kumar Basu Mr. Sagar Saha Mr. Bratin Dey Mr. Jannat ul Firdous … for the Petitioner

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Mr. Suman Sengupta, ld. Sr. Govt. Adv. Mr. Santanu Panja … for the State-respondent(s)

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Mr. Pinak Kumar Mitra Ms. Sananda Bhattacharya

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… for the respondent no.8

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Affidavit of service so filed be

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kept with the record.

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The petitioner complains that the

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bank guarantee so furnished was found to

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be forged. Accordingly, a criminal case, being Electronics Complex PS Case No. 72 of 2023 dated 23.05.2023, was registered for investigation.

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However, the police authorities did

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not effectively investigate the case and left

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out the principal accused, but, till date, no steps have been taken for tracing out the said accused.

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Learned advocate appearing for

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the respondent no.8 submits that he was arrested and, subsequently, released on bail. According to the learned advocate, as instruction(s) received by him, the investigating agency on completion of investigation has submitted charge-sheet.

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State has submitted a report, which reflects that charge-sheet has

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already been submitted before the learned jurisdictional court.

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In view of the charge-sheet having

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been submitted and if it is found that some of the accused persons are still evading the process of law and/or absconding, the police authorities would immediately pray for harsher process of

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law, which would include non-bailable warrant of arrest, thereafter, proclamation in accordance with law and, thereafter, if required, attachment of the properties.

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The learned Magistrate in seisin of

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the matter would adhere to the provisions of law in respect of the issuance of proclamation and attachment.

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With the aforesaid observations,

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WPA 24709 of 2024 is disposed of.

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Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocate for the petitioner.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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(Tirthankar Ghosh, J.)

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India Power Corporation Limited v. State of West Bengal and Ors.

Case brief

What is this about?

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India Power Corporation Limited v. State of West Bengal and Ors.

Case brief

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