30.09.2026. Item No. 2. Court No. 758 ap W.P.A. 2446 of 2024 Mohbul Sk. Versus The State of West Bengal & Ors. Mr. Syed Chandan Hossain, Mr. Nepesh Majhi, Mr. Hemanta Kumar Das, Mr. Raju Sk. ..For the petitioner. Mrs. Sudipa Banerjee, Mr. Koushik Roy. …For the State. 1. The principal grievance of the petitioner in this writ petition is that the petitioner was cheated by the private respondent, who was a Civil Contractor. The private respondent received a work order from NTPC Limited, Farakka on 14th February, 2019 for filling ash and covering it with earth. The private respondent engaged the petitioner as a Sub-Contractor under a work order dated 20th February, 2019. The private respondent took Rs.10,00,000/- from him under four agreements relating to four Backhoe Loaders but did not hand over the vehicles. 2. It is alleged by the petitioner that after carrying out the work, he raised a R.A. Bill of Rs.20,00,000/- against which the private respondent issued two cheques of Rs.8,00,000/- and Rs.12,00,000/- each on 10th May, 2019. However, both the said cheques returned dishonoured. 3. Learned Counsel for the petitioner submits that a sum of Rs.20,00,000/- payable for the work had 2 already been released by NTPC Limited but the same has not been paid to the petitioner. 4. In such circumstances, the petitioner lodged a complaint with the Farakka Police Station being Farakka Police Station Case No. 311 of 2019 under Sections 420/406 of the Indian Penal Code. 5. A report was called for from the State by this Court. From perusal of the said report, it appears that after completion of the investigation of case Charge- sheet being C.S. No. 132 of 2020 dated 29th June, 2020 had been filed showing the accused as absconding. 6. Learned Advocate for the petitioner submits that the petitioner was compelled to file the instant writ petition that despite expiry of several years after submission of the charge-sheet and issuance of the process of Court, the Police Authorities have failed and neglected to execute the warrant of arrest against the petitioner. 7. It appears that a Co-ordinate Bench of this Court by an order dated 20th February, 2025 had directed the Additional Director General, Criminal Investigation Department, West Bengal to depute an officer of his choice for execution of the process issued by the Trial Court. 8. It appears from the report submitted by the State before this Court that series of attempt were made to apprehend the absconding accused person. 3 However, all efforts were futile as the accused person continues to remain at large. 9. This Court has considered the facts of the case and notes with anguish that warrant of arrest issued by the Court has remained unexecuted for a considerable period of time. The other processes to compel appearance of the accused person issued in the nature of proclamation and attachment have also remained unexecuted. 10. In such view of the matter, this Court directs the Additional Director General, Criminal Investigation Department, West Bengal to depute an office of his choice and ensure that the process of the Court is duly executed and the appearance of the accused person before the Trial Court is compelled. 11. The Additional Director General, Criminal Investigation Department, West Bengal is further directed to personally monitor the execution of the process of the Court and report the Trial Court regarding the progress of the matter. 12. W.P.A. 2446 of 2024 is disposed of with the above observations. 13. There will be no order as costs. 14. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Anuj Singh, J.)