- (1.) THE writ petition has been filed, inter alia, praying for direction of transfer of investigation in Salt Lake Electronic Police Station Case No. 56/12 dated 15th June, 2013 to Criminal Investigation Department, West Bengal for its speedy and effective investigation into the crime alleged by the petitioner.
(2.) IT has been pleaded in the writ petition that in spite of direction given by the learned Judicial Magistrate under subsection (3) of Section 156 of the Code of Criminal Procedure with regard to offences punishable under Sections 45/65/67/71/72/74 of the Information and Technology Act read with Sections 420/406/505/507/323/471/468/469/379/120B/34 of the Indian Penal Code, no effective investigation was done in the matter. Pursuant to my earlier order dated 17th January, 2014, Mr. Jaharlal De, learned advocate, has submitted a report wherefrom it appears that after registration of the said first information report, effective steps have been taken in the matter. Such report is kept with the record.
(3.) IT has further been stated in paragraph 5 of the said report that when the investigating officer went to the place of occurrence, the petitioner was not available. It has also been recorded that there is an earlier criminal case registered at the behest of the wife of the petitioner being Baguiati Police Station Case No. 263/13 dated 6th June, 2013 under Sections 498A/494 of the Indian Penal Code against him. It has been further stated in the report that as offences under the Information and Technology Act are alleged, necessary assistance from the Cyber Cell Unit has also been sought for. It has been stated that after repeated notices, the petitioner appeared before the investigating officer on 10th January, 2014 and his statement has been recorded. It has also been stated that further statement of the other witnesses has been recorded. Requisition has been made to Cyber Cell Unit for rendering necessary assistance.;