Authority: High Court at Calcutta
Order Date: 05 October 2026
Case Overview
- Petitioner: Krishna Kumar Tiwari, represented by advocates Sanjay Banerjee and Joydeep Bhattacharjee.
- Respondents: State of West Bengal and others, represented by Raj Mohan Chattoraj, Shikha P. Chowdhury, and senior counsel Ayan Bhattacharya et al.
- Petition challenges the propriety of FIR No. 262 of 2026 (Electronics Complex Police Station) dated 27 July 2026, alleging that a loan of Rs 2,17,00,000 made in 2009 to Mayapur Commercial Private Limited is unrelated to petitioner, who became director of Urban Infra Nirman Private Limited only in 2013.
- Petitioner relied on an earlier interim protection order dated 9 September 2026 (WPA 22484 of 2026) and on a coordinate‑bench order dated 1 September 2026 in CRR 3517 of 2026 (Ayush Goenka vs. State of West Bengal) arguing the FIR is a second FIR and not maintainable.
- Respondents contended that the complaint of 27 July 2026 pertains to a 2019 incident and that the investigation is at a nascent stage.
- The Court referred to Supreme Court judgment in Neeharika Infrastructure Private Limited vs. State of Maharashtra (2021 19 SCC 401), emphasizing that interim orders staying investigation are not to be granted routinely and should be exercised with circumspection.
Final Outcome
- The High Court dismissed the writ petition, stating it will not interfere with the criminal proceedings.
- The order does not preclude the petitioner from filing a pre‑arrest bail application under the appropriate provisions.
Topics: Criminal Procedure, Writ Petition