25.09.2026 Item No.04 (DL) Court No.758 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 10222 of 2023 Moinul Haque -Vs- The State of West Bengal & Ors. Mr. Bikramjit Dutta. … for the petitioner. Mr. Suryaneel Das, Ld. A.G.P., Mr. Chiranjit Pal. ….for the State. Mr. M.A. Samad, Ms. Priyanka Sharma, Ms. Tanaya Banerjee. ….for the respondent nos.5 & 6. 1. The instant writ petition has been filed on an allegation that the petitioner, who is a member of Koytha Samabay Krishi Unnayan Samity Limited, a registered Co-Operative Society engaged in the Banking business. On 8th March, 2022 the Society purchased approximately 484 sataks of land in Mouza – Fatepur under Police Station Nalhati, at a total consideration of Rs.56,00,000/-, through registered deeds. However, the records of the Society shows that a total payment of Rs.68,90,307/- was made towards such purchase. 2. It is submitted that roughly Rs.11,92,307/- was shown to have been spent in excess of the purchased consideration, as would appear from the said two deeds of conveyance. The petitioner alleged that such 2 discrepancy reflects misappropriation of funds of the Society which led him to lodge a complaint dated 13th August, 2022 with the Superintendent of Police Birbhum and the Registrar of Co-operative Society, Birbhum. 3. The petitioner earlier filed WPA 20519 of 2022 seeking an enquiry into the matter. By an order dated 21st September, 2022, this Court disposed of the writ petition by directing the Assistant Registrar of Co-operative Society to consider and dispose of the petitioner’s representation dated 13th August, 2022, by passing a reasoned order. 4. The Additional Registrar of Co-operative Society, Birbhum initiated a proceeding on 17th October, 2022 under Section 102 under the West Bengal Co-operative Societies’ Act 2006. The Inspector’s report showed that a payment of Rs.8,90,907/- to one Chowdhury Samsul Mokim as other expenses was not duly explained by supporting documents. Further, a cash payment of Rs.1,10,000/- towards registration fees and commission fees was also not accounted for. 5. At the hearing dated 21st November, 2022 the Society submitted that it has already directed Chowdhury Samsul Mokim vide Memo dated 14th November, 2022 to refund 3 the excess amount and that he refunded a sum of Rs.8,90,907/-on 17th November, 2022. 6. It is submitted that the Additional Registrar of Co-operative Society passed an Award in Dispute no.2 of 2022-2023 holding that the Society had committed gross violation of the said Act of 2006 and Rules, framed thereunder. 7. In the instant writ petition, the petitioner is aggrieved by the fact that despite the Additional Registrar of Co-operative Society holding that there had been financial irregularities, no criminal case has been registered and no police investigation has been initiated. 8. A report was called for and has been filed by the State. 9. On perusal of the report it appears that pursuant to the direction of this Court on 1st March, 2025 at about 18.55 hours the petitioner submitted a written complaint before the Nalhati Police Station alleging misappropriation of a sum of Rs.12,90,307/- by Koytha Samabay Krishi Unnayan Samity Limited. On the basis of the said complaint Nalhati Police Station Case No. 105 of 2025 dated 1st March, 2025 was registered for investigation in to the offences punishable 4 under Sections 409/420/468/34 of the Indian Penal Code. 10. It further appears from the report that during investigation the investigating officer of the case visited the place of occurrence and made necessary enquiries, seized documents and interrogated witnesses. 11. In course of the investigation, on January 15, 2026, the accused Chowdhury Samsul Mokim was arrested and forwarded to the learned Magistrate. He was subsequently released on bail on 29th January, 2026. In the meantime on 22nd January, 2026 the earlier Investigating Officer was transferred and the investigation of the case has been handed over to another Investigating Officer. In course of further investigation, on 30th January, 2026, other accused persons also surrendered and were released on bail by the jurisdictional Magistrate. It is submitted that the investigation of the case is going on and the police shall submit a report before the jurisdictional Magistrate upon completion of the investigation. 12. In view of the aforesaid developments, the petitioner submits that no further order is required to be passed in the present writ petition. However, the petitioner may be given liberty to redress his grievances, if any, before 5 the jurisdictional Magistrate after submission of the report by the police on completion of the investigation of the case. 13. WPA 10222 of 2023, is accordingly disposed of, on the above observations. 14. The petitioner shall be at liberty to agitate his grievances, if any, before the jurisdictional Magistrate, in accordance with law, and at an appropriate stage. 15. All interim orders, if any, stand vacated. 16. It is clarified that this Court has not commented on the merits of the case, or on the defence that may be available to the accused, in the said proceedings before the Trial Court. 17. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Anuj Singh, J.)