14.05.2025 (Ct. No. 03)

sp3 CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRR 415 of 2024 CHANKYA NATH -Vs-

THE STATE OF WEST BENGAL AND ANR Mr. Subham Ghosh, Adv.

Mr. Mayank Roy, Adv.

…for the petitioner Mr. Nilay Chakraborty, Ld. APP Mr. Tapan Bhattacharjee, Adv.

…for the State Mr. Uday Sankar Sarkar, Adv.

Ms. Tamalica Sarkar, Adv.

Ms. Priyasha Jha, Adv.

Ms. Afsana Khatun, Adv.

Mr. Rakesh Roy, Adv.

…for the defacto complainant

1. Mr. Subham Ghosh, learned advocate, is appearing for the petitioner.

2. Mr. Nilay Chakrabroty, learned Additional Public Prosecutor, is appearing for the State.

3. Mr. Uday Sankar Sarkar, learned advocate, is appearing for the defacto complainant.

4. The petitioner has filed the present application under Section 482 of the Code of Criminal Procedure read with Section 401 of the Code of Criminal Procedure challenging the proceeding in connection with G.R.

Case No. 778 of 2023 arising out of Falakata P.S. Case No. 178 of 2023 dated 27th April, 2023 under Section 420/406 of IPC pending before Learned Chief Judicial Magistrate, Alipurduar.

5. Counsel for the petitioner draws the attention of this Court to the complaint made by the complainant under Section 156 (3) of the Cr.P.C. before the learned A.C.J.M.-II at Alipurduar and submits that the alleged complaint shows that the dispute is civil in nature and instead of filing civil case, the defacto complainant has initiated a criminal case against the petitioner.

6. Counsel for the petitioner submits the case has been initiated in the year 2023 but till date no progress has been made in the investigation and no charge sheet has been filed. Counsel for the petitioner submits that prima facie it is found that no case is made out under Section 420/406 of the IPC and prays for quashing of the criminal proceeding against the petitioner.

7. Per contra, learned advocate for the State submits that investigation is still going on and he submits that for the purpose of investigation, the Investigating Officer has issued notice under Section 41A of the Cr.P.C. to the petitioner but the petitioner failed to appear before the Investigating Officer in spite of receipt of the notice under Section 41A of the Cr.P.C.

8. Learned counsel for the defacto complainant has brought to the notice of this court to the order passed by this Court in an application filed by the petitioner for grant of anticipatory bail being CRM (A) 566 of 2024 dated 20th August, 2024 wherein this Court has categorically held that “While it is true that the dispute is primarily civil in nature and Sections 406 and 420 of the Indian Penal Code cannot be added in a single FIR, this Court notes that the petitioner has been has been issued notice under Section 41A of the Code of Criminal Procedure on three several occasions but he has not responded to the same”.

9. Observing the above, the Hon’ble Division Bench of this Court has rejected the application for grant of anticipatory bail

10. Today also learned counsel appearing for the State has brought to the notice of this Court to the notice issued under Section 41A of the Cr.P.C. to the petitioner and submits that in spite of the reminder issued to the petitioner, the petitioner failed to comply with the provisions of Section 41A of the Cr.P.C. by appearing before the Investigating Officer.

11. Considering the above, this court finds that the petitioner is no co-operating with the investigation and investigation is still pending.

12. Accordingly, CRR No.415 of 2024 is dismissed.

13. The petitioner is directed to surrender before the Learned Jurisdictional Court within a period of two weeks from date. (Krishna Rao, J.)