SANKAR BIRJUKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of an investigational proceeding being Sreerampore P.S. Case No. 407 dated 14.12.98 under sections 468/471/420/120-B of the Indian Penal Code, subsequently numbered as G.R. No. 1117/98. The petitioner has also challenged an order dated 20.4.2001 passed by the Ld. Sub-Divisional Judicial Magistrate, Sreerampore.

(2.) At the very outset when the matter was taken up for hearing. Mr. Sudipto Moitra, Ld. Additional Public Prosecutor drawn the attention of the court to a letter dated 2.5.2001 issued by one Nilesh Chowdhury, Advocate of this court, from which it appears that there is a wrong communication of the order of this court. The said letter is addressed to Mr. Pulin Behari Das, Advocate/Arbitrator of 9, Old Post Office Street, Calcutta-1 and in the said letter it was intimated to the Ld. Advocate/Arbitrator that the present revisional application was moved in this court on 2.5.2001, which is not at all correct. The present revisional application was moved in this court on 9.5 2001. Mr. Moitra submits that such wrong communication was made to the learned Advocate/Arbitrator, who accepted the same as true and correct and started acting on such communication. When such fact was brought to the notice of the court, Mr. Sekhar Basu along with his Ld. junior Mr. Joymalya Bagchi, in their usual fairness, submitted that they want to retire from this case. The Id. Advocate on recorded Smt. Archana Chowdhury, when she was asked about such communication expressed her inability to identify an Advocate named Nilesh Chowdhury, who made such communication.

(3.) On a perusal of the revisional application it appears that the present case is still at the stage of the investigation. The main allegation in the FIR is that the hire purchase agreement and Arbitration agreement have been manufactured and forged by the accused persons. The accused persons entered into a conspiracy and manufactured the documents with forged signature and placed those documents before the Arbitrator to realise fictitious claims by say of cheating.