PULAK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the de facto complainant of Rampurhat Police Station Case No. 161 of 2014 dated 3rd July, 2014 and G. R. Case No. 664 of 2014 with a prayer to quash impugned order dated 26th February, 2018 passed by the Learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum.

(2.) It is pertinent to mention at the outset that petitioner and opposite party no. 2 are the sons of one Sagar Chandra Mondal, since deceased. The said Sagar Chandra Mondal died on 19th February, 2004 leaving behind the petitioner and the opposite party no. 2, his widow and two daughters. It is alleged that as per the law of succession the legal heirs and representatives succeeded to the properties left behind by the said Sagar Chandra Mondal, since deceased. After the death of the father of the petitioner and private opposite party no. 2, the opposite party no. 2 produced a forged deed before the BL & LRO and recorded his name in the revenue records in respect of the entire property left by the father of the parties depriving lawful share of the petitioner and other co-owners. The petitioner conducted search in respect of the genuineness of the said deed in the local registry office and came to know that there was no existence of any deed of gift dated 31st December, 1987 delivering the property to the opposite party no. 2 by the said Sagar Chandra Mondal. It is alleged that the opposite party no. 2 prepared a forged deed to grab entire ancestral property of the legal heirs and representatives of the said Sagar Chandra Mondal, since deceased. It was also alleged that the property in question was not physically delivered and handed over to the opposite party no. 2 by his father.

(3.) The above-mentioned purported act and conduct by the opposite party no. 2 prompted the petitioner to lodge a complaint before the local Police Station on the basis of which Rampurhat Police Station Case No. 161 of 2014 dated 3rd July, 2014 under Sections 464/465/468/471 of the Indian Penal Code was registered against opposite party no. 2. During investigation, police seized various documents from the possession of the petitioner and examined the witnesses. However, within three years of registration of Rampurhat Police Station Case No. 161 of 2014 the Investigating Officer failed to file charge-sheet on conclusion of investigation. On 13th September, 2017, the investigating Officer filed an application for extension of time to file charge-sheet in the case. The said application came up for hearing before the Learned Additional Chief Judicial Magistrate and vide order dated 26th February, 2018 which is impugned here the Learned Additional Chief Judicial Magistrate, Rampurhat stopped investigation under Section 167 (5) of the Code and discharged the accused/opposite party no. 2.