LAWS(CAL)-2022-9-167

PANNALAL ROY Vs. STATE OF WEST BENGAL

Decided On September 01, 2022
PANNALAL ROY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the investigation of the case being GR case no. 4000 of 2014 pending before the learned Additional Chief Judicial Magistrate Baruipur 24 Parganas (South) arising out of Sonarpur P.S. Case no. 1010 of 2014, dated June 29, 2014 under Sec. 420/468 of the Indian Penal Code, the petitioner prays for further investigation of the case on the ground that investigation of the present case has been performed by the Police in most perfunctory manner, warranting further investigation of the case by some other investigating agency for unveiling the truth regarding all the allegations levelled by the petitioner.

(2.) It is submitted on behalf of the petitioner as a ground for further investigation that at the very inception of the case the Opposite Party no. 2 was enlarged on anticipatory bail by the Hon'ble High Court, Calcutta and taking advantage of the order of his anticipatory bail the opposite party no.2 had never bothered to cooperate with the investigation and the investigation agency sat tight over the matter and did not pray for cancellation of the bail granted to the opposite party no 2 and Police has submitted charge-sheet without interrogating the opposite party no 2. Accordingly petitioner contended that Police had filed charge-sheet and also supplementary charge-sheet based on incomplete investigation without interrogating the opposite party no. 2 and in such circumstances it is most warranted that the allegations levelled by the petitioner by way of FIR be investigated further, by some other investigating agency preferably by C.I.D.(Criminal investigation department).

(3.) Learned Counsel for the petitioner further, submits that the entire act of forgery alleged in the FIR had taken place in a sub-registry office and as such it is discernable that other officials attached to sub-registry office are also involved in the matter and no investigation was conducted by the Police in this regard and thus the entire truth could not be ascertained. In view of above the present case is required to be investigated further .