Calcutta High Court | calcuttahighcourt.gov.in

Kolkata: Observing that it is more important to proceed against “uniformed criminals” before the other criminal activity is checked, the Calcutta High Court has directed West Bengal’s Director General of Police (DGP) to institute an inquiry against an investigating officer in a case of forged cheque.

Hearing an anticipatory bail petition, a division bench comprising justices Sanib Banerjee and Aniruddha Roy noted that one of the arrested persons in the case of forged cheque claimed that the petitioner, a retired taxman, had introduced him to a retired bank manager.

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On the basis of the claim, the petitioner was summoned by the investigating officer for questioning.

The court observed that this appears to be a case of harassment or extortion by the investigating officer and immediate appropriate disciplinary measures must be instituted against possible unruly conduct.

“It is more important to proceed against uniformed criminals before other criminal activity is checked,” the bench observed during the hearing on Wednesday.

The court directed the DGP to institute an appropriate inquiry and, if necessary, disciplinary proceedings be initiated against this investigating officer upon looking into his past conduct for any similar feats.

Noting that the lawyer representing the state submitted that there is no material to proceed against the petitioner in the present case, the division bench said that “the question of passing any order does not arise”.

The court observed that it is difficult to imagine that any wrongdoing had been attributed to the petitioner in the relevant statement by the accused person and that it is difficult to imagine that merely because the petitioner introduced a person, it can be construed that he was involved in a conspiracy.

“It is needless to say that the petitioner can no longer be disturbed in connection with the present case in any manner whatsoever,” the court directed.


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