06.08.2026 Ct. No.39 Sl. No. 110 Subadip WPA 26428 of 2023 With IA No. CAN/1/2025 Suraj Sur Vs. State of West Bengal & Ors. Mr. Sudipto Moitro, Sr. Adv. Mr. Bratin Kumar Dey, Mr. A. Banerjee, Mr. Joydeep Dey. …for the petitioner 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. None appears on behalf of the respondents despite service. 3. The writ petitioner is highly and seriously aggrieved by the wilful inaction on the part of the police concerned particularly investigating officer attached with Chandannagore police station by not conducting proper investigation and seeks direction in the nature of mandamus directing and commending the respondent authorities concerned, particularly the police personnel attached to the Chandannagar Police Station as well as the respondent nos. 5 and 6 and /or assigns to make proper investigation as per the law in connection with P.S. Case No. 86/2013 dated 16.04.2013 corresponding to G.R. Case No. 426/2013, which was registered under Sections 420/465/34 of 2 the Indian Penal Code pending before the Learned Judicial Magistrate, 2nd Court, Chandannagar. 4. Originally, the father of the writ petitioner, i.e. Late Raj Kumar Sur, lodged a complaint against the accused persons/partners of the firm alleging offence committed by the accused persons for forging his signature on the Audit Report and other tax papers of the firm, namely, “M/S Soor & Co”. Those forged documents were submitted to the Tax Authorities i.e. Income Tax and Commercial Tax. 5. Learned Senior Counsel, Mr. Moitro submits that the investigating agency has not conducted the investigation properly despite orders passed by this Court. He further draws the attention of this Court to the order dated 21st March, 2017, passed by the Co- ordinate Bench in CRR 709 of 2016 in which the present petitioner was added as the Opposite Party. 6. Having heard the submission of the learned counsel and upon perusal of the order dated 21st March, 2017 passed by the Co-ordinate Bench, it appears that the said revisional application had been filed by the accused persons seeking quashing of the aforesaid proceedings. After hearing the parties, the Hon’ble Judge passed the following order, inter alia, as follows: “Accordingly, I dispose of the petition directing the learned Magistrate to consider the application for obtaining the originals of the questioned documents from the appropriate authorities and 3 to obtain the opinion of the expert as to the allegation of forgery in respect thereof at the earliest. Upon completion of such exercise by way of further investigation, it shall be open to the investigating agency to submit necessary report before the learned Magistrate. In the event, a supplementary police report is filed against the petitioners in conclusion of further investigation, it shall be open to them to assail the same in accordance with law, if so advised. Similarly, if a closure report is filed stating that the allegation of forgery is not made out, the opposite party no.2 shall liberty to assail such finding in accordance with law. I make it clear that I have not gone into the merits of the rival claims of the parties and all issues are kept open to be investigated the course of further investigation, as aforesaid, in accordance with law.” 7. In view of the said order passed by the Co-ordinate Bench, the Trial Court has directed the investigating officer to collect the original question document from the appropriate authority and to obtain signatures of the accused persons and further obtain opinion of an expert as to the allegation in respect of the allegations made by the complainant. 8. Learned Counsel has informed that final charge sheet No.95/14 dated 30.06.2014 under Sections 420/465/34 of the IPC has been submitted by the investigating agency. However, no supplementary charge sheet has yet been submitted, although the Trial Court directed further investigation in pursuance 4 of the order passed by this Court, and the same is either on the verge of completion or already completed. 9. Having heard the submission and in the above backdrop, the Investigating Agency is directed to submit the supplementary charge-sheet, if pending, before the Trial Court as expeditiously as possible without further delay. Upon submission of the supplementary charge sheet, the trial court is directed to commence trial and come to a logical conclusion as early as possible. It shall be open to the parties to assail the same, if aggrieved, in accordance with law, if so advised. 10. With the above observations, the writ petition being WPA 26428 of 2023 is, thus, disposed of and the connected application being CAN 1 of 2025 is also disposed of. 11. All parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court. (Ajay Kumar Gupta, J.)