UPANITA DAS Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2019-1-136
HIGH COURT OF CALCUTTA
Decided on January 31,2019

Upanita Das Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) Let the affidavit of service filed today in Court be kept on record. Let the reports produced today in Court by the learned Advocate for the State be kept on record. The petitioner's grievance in this matter at this stage is only limited to the inaction on the part of the police authorities in not completing the investigation arising out of Netaji Nagar Police Station Case No.88/2018 under Sections 465/467/468/471/420 I.P.C. read with Sections 66 ( C )/ 66 (D) of the Information and Technology Act.
(2.) It is submitted on behalf of the petitioner that the petitioner's husband, with whom the petitioner has matrimonial discord and pending litigations, has forged her B.Ed. Certificate issued by the University of Mumbai and the same was posted in a profile, claiming the same as his own by uploading the same vide URL ttps://teachabroadnetwork.com/resume/view/340/slug/arunava-das. When the petitioner discovered this, immediately a complaint was lodged with the Officer-in- Charge, Cyber Police Station, Lalbazar on March 23, 2017. Thereafter, pursuant to the same, an enquiry was made by the Cyber Police Station, Lalbazar and the investigation was transferred to Netaji Nagar Police Station. It is the contention of the petitioner that considerable time has elapsed since the aforesaid Netaji Nagar Police Station Case has been registered but the investigation has not yet been completed.
(3.) It is submitted by the learned Advocate appearing on behalf of the State respondents that the University of Mumbai has confirmed that it is petitioner, who had been given the aforesaid Certificate showing the number of marks of the B.Ed. Degree for the examination held in April 2009 and not the petitioner's husband Arunava Das. It is also submitted by him that the investigation has progressed to a large extent and it was found that the husband of the petitioner was working in DPS STS School, Dhaka. During the investigation, it was revealed that the IP address, from which the said Certificate was uploaded, was one of a Service Provider of Bangladesh. It was found that the Login Address 180.234.162.168(IPv4) was associated with ISP Augere Wireless Broadband Bangladesh Limited of Dhaka, Bangladesh. Attempts were made by the police authorities to contact the Nodal Officer of the said ISP of Bangladesh but the same could not be done. It is now submitted on behalf of the Officer-in-Charge, Netaji Nagar Police Station by the learned Advocate for the State that the person, who has used the said IP of ISP(the Service Provider in Bangladesh) can be booked for the cyber crime only once the evidence is shared by the law enforcing agency of Bangladesh through INTERPOL. Under such circumstances, this writ petition stands disposed of with a direction upon the State respondents to initiate the formalities for obtaining the evidence from the law enforcing agency at Bngladesh through INTERPOL within a period of three weeks from date. Needless to mention that this kind of activity, where matrimonial dispute is going on between the petitioner and her husband, can cause serious harm and irreparable injury to the petitioner and keeping this in mind, steps should be expedited and an all out effort should be made by the police authorities to ensure that the evidence is obtained and the investigation is reached to its logical conclusion.;


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