SUSANTA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This revisional application is for quashing of a proceeding arising out of Sonarpur P.S Case No. 325 dated 14.12.89 under sections 468/471/420/120B of the Indian Penal Code.

(2.) The aforesaid case was registered with Sonarpur Police Station on the basis of a complaint lodged by one Ashok Kr. Guha, Inspector of Police, D.E.B., South 24 Parganas alleging commission of offences punishable under the aforesaid sections. The allegations levelled in the said complaint is that the petitioner in collusion with some employees of Sonarpur Employment Exchange forged certain documents and by using such documents, obtained employment as a Sub-Inspector of Police in the West Bengal Police Force. The investigating Agency after completion of investigation submitted a report in final form vide Final Report No. 46 dated 31.3.94. In the said final report it was stated that there was no substantive and tangible evidence available to submit the chargesheet against the petitioner and no evidence could be collected for submission of chargesheet. It was also stated in the said final report that the investigating agency could not detect the maker of the forged documents and failed to recover any counterfeit seal or any other instrument from the possession of the petitioner and as such investigating agency failed to unearth any complicity of the petitioner.

(3.) The said final report was placed before the learned Sub-Divisional Judicial Magistrate, Alipore and the learned Magistrate by his order dated 19.4.94 and 20.4.94 discharged the petitioner from the instant case and accepted the final report submitted by the Investigating Agency.