CHAIRMAN KALYANI MUNICIPALITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been filed along with an application under Section 5 of the Limitation Act for condonation of delay. So the application under Section 5 of the Limitation Act is taken up first for disposal in presence of the learned Advocates of the respective parties.

(2.) It appears that the present O.P. No. 2 who was a Sub-Assistant Engineer, was made accused in Kalyani P.S. Case No. 21/99 dated 1.3.99 under Sections 468/469/471/420/120-8, I.P.C. Allegation in the F.I.R. was that the present O.P. No. 2 taking advantage of his position as Sub-Assistant Engineer of Kalyani Municipality entered into a criminal conspiracy with his wife Chandana Chatterjee and committed forgery, cheating and preparation of false documents.

(3.) On completion of investigation a charge-sheet was submitted by the police on 14.2.2000 against the accused Chandana Chatterjee under Section 468/469/471/474/420/120B of the Indian Penal Code. The investigating agency recommended discharge of the accused opposite party No. 2 Sambhunath Chatterjee on the ground that there was no direct evidence against the said accused.