Title: Neil Basu v The State of West Bengal & Others
Decided on: 12th october, 2023
WPA 24065 of 2023
Coram: Justice Abhijit Gangopadhyay
Introduction
The Calcutta High Court in a plea by a General Secretary of the College’s Students Union complaining of offences committed by the College’s Governing Body, has directed the Crime Investigation Department to conduct a probe into Dr Sunanda Goenka, principal of Jogesh Chandra Chaudhuri Law College. An investigation by the CID into the issue is imperative in light of the failure of the anti-fraud department.
Facts of case
The General Secretary of the Students’ Union of Jogesh Chandra Chowdhury Law College, alleged that a large number of illegal activities including financial irregularity, forgery and other illegal acts of serious nature were committed by the members of the Governing Body. Therefore, he lodged a complaint with the Charu Market Police Station Kolkata and that was not considered. Thereafter he filed application under Section 156 (3) of the Code of Criminal Procedure before the Chief Judicial Magistrate, Alipore and an order for treating the complaint as FIR was passed. The F. I. R. was filed under Sections 406/409/420/467/468/471/120B of the Indian Penal Code. case was later transferred to C. I. D to Detective Department for Investigation.
Court Analysis and Decision
The Court observed that from the report of Police Station produced before, it appears that the case was taken up for further investigation by the Anti-Fraud Section of Detective Department, Lal Bazar. While the subject remained pending, a notice under Section 41A of the Code of Criminal Procedure was served to the accused Smt. Sunanda Goenka. Petitioner’s counsel demonstrated that the minimum punishment is of 10 years and maximum is life sentence as per section 467 & therefore, Section 41A notice was not required. The failure of police to investigate the matter properly has given unwanted advantages such as 41A notice, to Smt. Sunanda Goenka. it was found that though the Anti-Fraud Section got some information as to the allegation levelled against Dr. Manik Bhattacharyya, they did not receive any information by interrogating Sunanda Goenka as to her non-involvement in the case. The report says that she was recommended as a member of the College as per Government Rules and Regulations by the College Service Commission. And it was clearly avoided by the Anti-Fraud Section as to what were the Government Rules and Regulations.
The Judge finds the said Anti-Fraud section acting like a gullible child and rejected the final report. The Anti-Fraud Section has failed to investigate the matter properly and therefore directed the Criminal Investigation Department of State to start investigation of the matter forthwith and to interrogate Smt. Sunanda Goenka. Allegations against Dr. Manik Bhattacharyya would be dealt by court at appropriate stage and with respect to Mrs. Sunanda Goenka’s case there was an order for not taking any coercive step for more than three years. Therefore, there is no impediment for the Investigating Agency if the C. I. D. takes steps forthwith in all respects against Smt. Sunanda Goenka. Hence, the court accepted the advocate’s suggestion of Investigating Officers, for starting investigation without further delay to the complaint and directed the state to file a preliminary report before the court on 17th October, 2023.
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Written by- K R Bhuvanashri
