LAWRENCE GOMES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure for expunging some remarks made by the learned Sub-Divisional Judicial Magistrate. Alipore, South 24 Parganas in his order dated 3.9.2001 passed in C.G.R Case No. 3569 of 1999 arising out of Alipore P.S. Case No. 232 dated 19.11.99. under sections 120B/467/468/471/472 of the Indian Penal Code.

(2.) On completion of investigation in the aforesaid case the investigating Officer forwarded the case diary to the present petitioner, who is the Chief Public Prosecutor, Alipore, for his opinion. The investigating officer of the case was however of the view that a prima facie case was made out against the accused persons. The present petitioner being the Chief P.P. after going through the case diary and accompanying documents, opined that the materials collected by the investigating agency are not sufficient for submitting chargesheet. After obtaining such opinion from the petitioner, the investigating officer of the case submitted a final report.

(3.) On submission of such final report notice was served upon the defacto complainant, who appeared before the learned Magistrate and filed a "Naraji Petition". Said "Naraji Petition" was taken up for consideration by the learned Magistrate on 3.9.2001, when the learned Magistrate directed the Commissioner of Police, Calcutta for causing re-investigation of the case by any superior competent officer other than the investigation officer of the aforesaid case. But while passing the aforesaid order the learned Magistrate made some remarks in the name of the Chief P.P. (the present petitioner). The petitioner has come up before this Court for expunging such remarks.