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2025 DAILYLAW 60775 (ORI)

DEBASHIS CHAKRABORTY v. STATE OF ODISHA

WP(C)/26660/2024 · 2025-01-31

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 26660 of 2024 Debashis Chakraborty ..…... Petitioner(s) Mr. Sangram Keshari Burma, Adv. -Versus- State of Odisha & Ors. ……. Opposite Party(s) Ms. Jyoshnamayee Sahoo, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 31.01.2025 Order No. 03. 1. This matter is taken up through a hybrid arrangement. 2. Heard. 3. The present Writ Petition has been filed by the Petitioner with the following prayer: “That in the light of the above facts and circumstances, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue Writ of Mandamus to Opp. Party No. 1/CDICB to speed-up their investigation with a fixed time line to caught hold the racket of fraudsters for recovery of amount & appropriate punishment, and issue necessary direction/direction(s) to the Opp. Party No. 2 to communicate details of transferee account holders to the 0pp. Party No. 1 for proper investigation and also issue necessary direction/direction(s) to the Opp. Party No. 3 to start hearing of the complaint filed against the Opp. Party-Bank, and may pass any such order (s) / direction (s) as would be deemed fit and proper. And for which act of kindness, the petitioner as in duty bound shall ever pray.” Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 03-Feb-2025 18:59:57 Signature Not Verified 2 4. Learned counsel for the Petitioner submits that the Petitioner is a retired IFFCO Officer and got a call from one Hari Sharma of DHL, Delhi stating that a parcel has been confiscated by Delhi Customs containing ATM Card, Passports Laptops and MDMA etc. which were sent from Delhi to Sanghai (China) by the Petitioner. He further submits that the Petitioner’s accounts were opened at ICICI Bank, Delhi which were used to transfer money in different denominations. He further submits that the fraudster instructed the Petitioner to transfer the amount to different accounts opened at ICICI Bank within a period of four days. Thereafter, the Petitioner transferred Rs.73.62 lakhs in different 16 transactions. 5. Learned counsel for the Petitioner further submits that the Petitioner had filed a complaint before the Opposite Party No.2/ICICI Bank Ltd. But, the Bank did not respond it. Thereafter, the Petitioner filed a complaint before the Oombudsman, Reserve Bank of India, Bhubaneswar with a prayer to issue necessary direction to the Opposite Party No.2/Bank. But, till today the complaint was not listed for hearing. Hence, the Petitioner is constrained to approach this Court. 6. In view of such facts and submission, without going into the merit of the case, the Petitioner is directed to approach the Designation: P.A. 3 Opposite Party No.3/ The Ombudsman, Reserve Bank of India by way of a representation ventilating his grievance and the Opposite Party No.3 shall consider and dispose of the representation to be filed by the Petitioner within one month from the date of filing of the representation. 7. Accordingly, the Writ Petition is disposed. ( Dr. S.K. Panigrahi) Judge Murmu Designation: P.A.