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Judgment
The present writ petition has been preferred, inter alia, praying for issuance of necessary direction upon the respondents to transfer the investigation in connection with New Market P. S. Case No.158 dated 12th April, 2015 under Sections 120B, 467, 468, 471 and 420 of the IPC to the Detective Department, Kolkata Police.
Mr. Banerjee, learned Advocate appearing for the petitioner submits that since registration of the aforesaid criminal case, proper investigation has not been conducted by the police authorities though a period of more than three years has expired. Such delay in conclusion of investigation was brought to the notice of the Joint Commissioner of Police (Crime) and a prayer was also made to entrust the investigation to the Detective Department of the Kolkata Police. The said representation was also not considered.
He further submits that the investigating agency is under the influence of the bank officials and there had been no perceptible progress in investigation and such action of the police authorities does not satisfy the test of reasonableness and as such proper direction needs to be issued to transfer the investigation to the Detective Department, Kolkata Police.
Records reveal that the matter was taken up for consideration on 2nd August, 2018 when this Court directed the investigating agency to file a report as regards the investigation conducted. Pursuant to the said order, a report in the form of an affidavit has been filed by the investigating agency. Placing reliance upon the said affidavit, Mr. Malhotra, learned Advocate appearing for the State submits that the employees of Punjab & Sind Bank, Lindsay Street Branch as well as Worli Branch, Mumbai were examined and their statements under Section 161 of Cr.P.C. were recorded and relevant documents and information were collected from them. Subsequent thereto, a raid was conducted at Roshan Park Wadwali, Naigoan (W), Vasai P.S., Maharashtra to arrest the FIR named accused. The phone records were also scrutinised by the investigating agency. On 21st July, 2016, the hand writing of the complainant was obtained and the same was compared with the signature of the alleged forged cheque by expert of Q.D.E.B. of C.I.D. Subsequent thereto, the cheque was sent to CFSL, Government of India for further examination and thereafter the forensic examination report was forwarded by a memo dated 21st June, 2018. He further submits that proper assistance has not been extended by the petitioner to the investigating agency and the petitioner is presently residing in Canada.
Upon hearing learned Advocates appearing for the parties and upon considering the materials on record, it appears that there had been no deliberate intent on the part of the investigating agency to keep the investigation in abeyance. It appears from the records that the writ petition was affirmed on 17th May, 2018. From the report filed by the investigating agency, it appears that upon collection of the relevant documents, the investigating agency had conducted raid and had also scrutinised the telephone records. The signature in the forged cheque was compared with that of the complainant and report was obtained from the CFSL.
In the said conspectus, the prayer of the petitioner to transfer investigation of the aforesaid criminal case at this stage to the Detective Department is not acceptable to this Court. However, this Court directs the investigating agency to conduct investigation in the aforesaid case in a fair and impartial manner and conclude the same as expeditiously as possible. The petitioner shall also extend all assistance for conclusion of the investigation.
The writ petition is, accordingly, disposed of.
As the writ petition has been disposed of without calling for affidavits, the allegations levelled against the respondents in the same shall be deemed to have been denied.