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2025 DAILYLAW 49897 (CAL)

MANIK HALDER v. UNION OF INDIA AND ORS.

WPA/30749/2024 · 2025-04-23

Tirthankar Ghosh

body2025

Judgment text

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D/L 22 23.04.2025 Kausik ct.no.35 W.P.A. 30235 of 2024 Amit Kumar Chowdhury Versus Union of India & Ors. Mr. Mohit Gupta Mr. Kaushik Modak Ms. Mousumi Pal …for the petitioner. Ms. Sonal Sinha Mr. Ashmita Chakraborty Mr. Sandipan Das …for the state. Mr. Vipul Kundalia, Sr. Adv. Mr. Risabh Thakur Mr. Dhirodatto Choudhury …for the Union of India. Petitioner claims to have entered into an agreement with one Biswarup Pal. Subsequent to which certain transactions were made. However, the said transactions are also subject matter of Sarsuna PS Case No. 10/25 dated 27.01.2025. According to the petitioner there has been no monetary loss of the complainant, rather the petitioner has suffered financially. However, because of the reporting made for hoodwinking the authorities concerned the petitioner has suffered financial loss, although learned advocate states that the same Rs. 2 1,80,000/- which is the subject matter of the account of Amit Kumar Chowdhury is also the subject matter of the account of Manik Halder being maintained with Kotak Mahindra Bank bearing A/c. no. 8347983154 being defreezed. Since the aforesaid criminal case is pending and according to the petitioner the subject matter of the amount was tendered pursuant to an agreement and not deceived by way of any misrepresentation, I am of the view that if an application is filed before the learned Magistrate, learned Magistrate in the backgrounds of the facts and documents of the petitioner along with the materials collected by the investigating agency will consider such application whether the accounts can be defreezed or not. If such an application is preferred, learned Magistrate would dispose of the same within a period of 30 days from the date of filing the same. With the aforesaid observations WPA 30235 of 2024 is disposed of. Report so submitted be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)