Calcutta High Court (Appellete Side)
Sri Umesh Malpani & Anr vs The State Of West Bengal & Ors on 30 September, 2024
Author: T.S. Sivagnanam
Bench: T.S. Sivagnanam
Form No. J.(2)
Item No.42
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
HEARD ON: 30.09.2024
DELIVERED ON: 30.09.2024
CORAM:
THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
AND
THE HON'BLE MR. JUSTICE BIVAS PATTANAYAK
M.A.T. 1832 of 2024
With
I.A. No. CAN 1 of 2024
With
I.A. No. CAN 2 of 2024
Sri Umesh Malpani & Anr.
Vs.
The State of West Bengal & Ors.
Appearance:-
Mr. Rishav Kumar Singh
Mr. Sagar Kr. Mishra
Mr. Soumalya Dutta .........for the appellants
Mr. Susovan Sengupta
Mr. Sanatan Panja ..........for the State
JUDGMENT
(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)
In Re: I.A. No. CAN 1 of 2024
1. We have heard the learned advocates for the parties.
2. There is delay of 22 days in filing the appeal. We have perused the affidavit
filed in support of the petition and we find that sufficient cause has been
shown for not being able to prefer the appeal within the period of limitation.
3. I.A. No. CAN 1 of 2024 is allowed and the delay in filing the appeal is
condoned.
In Re: M.A.T. 1832 of 2024
4. This intra-Court appeal by the writ petitioners is directed against the order
dated July 8, 2024 in W.P.A. 10563 of 2024, by which the writ petition
stood disposed by recording the submissions made by the
respondent/police that the investigation has been completed and final
report has been filed before the learned Trial Court.
5. The learned writ court directed the petitioners to approach the learned Trial
Court with all the grievances that have been mentioned in the
supplementary affidavit for further relief.
6. However, it is seen that the prayer sought for in the writ petition is for
transfer of investigation to the Criminal Investigation Department, West
Bengal since, according to the writ petitioners, the investigation by the local
police was completely derailed and the final report was filed by the police
stating that it is a case of mistake of fact. Therefore, it is contended on
behalf of the appellants that no relief can be granted by the learned Trial
Court, if the appellants/writ petitioners approach the Court since their
prayer was for transfer of investigation. In this regard, the learned
advocate for the appellants has drawn our attention to the various
documents executed between the parties including the Power of Attorney,
which was executed by the appellants in favour of the private respondents
on April 27, 2012 wherein there is a specific condition that the appellants'
property should be sold, the loan, which was borrowed by the appellants be
discharged and the balance amount to be deposited in the appellants' bank
account in HDFC Bank, Jaipur, Rajasthan in the given account number.
7. According to the appellants, the Power of Attorney holder after about more
than 12 years sold the proper at a throw away price to her husband and
son and by mentioning the value of the property as Rs.25,00,000/- when
the circle rate at the relevant point of time was more than Rs.65,00,000/-.
8. Considering all these facts, we are of the view that the Court has to
consider as to whether the prayer for transfer of investigation is justified or
not, which appears to have not been properly placed before the learned
Single Bench.
9. Therefore, the appeal and the connected application (I.A. No. CAN 2 of
2024) are allowed and the order passed in the writ petition is set aside and
the writ petition is restored to the file of the learned Writ Court to be heard
and disposed of on merits.
10. The respondents are directed to file their affidavit-in-opposition within six
weeks from date, reply thereto, if any, be filed within a week thereafter.
11. Let the writ petition be listed before the appropriate Bench in the week
commencing 25th November, 2024.
12. No costs.
13. Urgent photostat certified copy of this order, if applied for, be furnished to
the parties expeditiously upon compliance of all legal formalities.
(T.S. SIVAGNANAM)
CHIEF JUSTICE
I agree.
(BIVAS PATTANAYAK, J.)
Pallab/KS AR(Ct.)
