DIPANKAR DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are the two applications under Section 401 read with Section 482 of the Code of Criminal Procedure for quashing of the proceedings in G.R. case No. 960 of 2008 pending before the learned Metropolitan Magistrate, 5th Court, Kolkata arising out of Hare Street Police Station/D.D. case No. 194 dated 09.4.2008 under Sections 120B/182/193/201/211/419/467/468/471 of Indian Penal Code. The learned Metropolitan Magistrate passed an order dated 24.11.2008 rejecting the application filed by the accused/petitioners praying for discharge from the instant case. By another order dated 6.3.2009 the learned Metropolitan Magistrate fixed a date for the framing of charges under Sections 120B/467/468/671 of the Indian Penal Code.

(2.) Both the Revisional Applications have been taken up together and heard analogously. The case of the petitioners, in short, is that the Hare Street Police Station/D.D. case No. 194 dated 09.4.2008 was registered for investigation on the basis of a complaint lodged by the Registrar General, High Court, Calcutta. The case of the prosecution, in short, is that there is a church under the name and style "House of Prayer and Good News" at 16, Beniapukur Road, Kolkata 700 014 having some landed property. The petitioner along with others are the members of the Board of Trustees. It is alleged that on 30.1.2004 the four members executed a General Power of Attorney in favour of accused Mousoomi De empowering her to look after all the matters relating to the Church. Thereafter a building was constructed on the said land of the Church. The writ petition being No. WP 2494(W) of 2008 was filed by the accused persons in the High Court at Calcutta against the Kolkata Municipal Corporation over the issue of drainage connection at the aforesaid newly constructed building. In the writ petition the Vokalatnama dated 4.2.2008 and the Power of Attorney dated 30.1.2004 were filed. Edwin Aseem Kumar Bala made an allegation before the Honble court by filing affidavit that he was neither willing to file the said writ petition nor authorized anybody to file the same on his behalf. He also alleged that his signatures were forged by somebody and, as such, the signatures appearing in the Vokalatnama as well as the Power of Attorney were not his signatures. The other accused persons, namely, Dipankar Dey, Mrs. Mousoomi De and Mrs. Bonhi Mondal, that is, the present petitioners disputed the contention of accused Edwin Aseem Kumar Bala by filing affidavit. His Lordship Honble Justice Jayanta Kumar Biswas was pleased to pass an order on 25.2.2008 directing the Deputy Commissioner of Police, Detective Department, Kolkata police to start a specific case and to conclude the investigation within a period of two months. The Honble Court also directed the Trial Court to conclude the Trial within three months from the date of submission of charge sheet. It is contended that the accused/petitioners are in no way connected with the alleged offence and they have been falsely implicated in this case. After completion of investigation, the charge sheet was submitted being charge sheet No. 243 of 2008 dated 25.9.2008 under Sections 120B/467/468/471 of the Indian Penal Code against the present petitioners and four others.

(3.) The petitioners filed an application before the learned Metropolitan Magistrate, 5th Court, Calcutta praying for discharge from the instant case. After hearing both sides the learned Metropolitan Magistrate was pleased to frame charge against the accused/petitioners under Sections 466/471/193 and 120B of the Indian Penal Code. Being aggrieved by the said order passed by the learned Metropolitan Magistrate the petitioners have preferred present Revisional Applications.