PRADIP KUMAR BISWAS Vs. SUBRATA DAS & ANR

JUDGEMENT

(1.) This revisional application is directed against an order dt. 28.12.99 passed by the learned Judicial Magistrate, 2nd Court, Sealdah, South 24 - Parganas, in Case No. C- 130 of 1999 (T.R. No. 46 of 1999) whereby the petition of the accused-petitioner praying for discharge of the petitioner from the case under Section 245(2) of the Code of Criminal Procedure was rejected.

(2.) The genesis of this revisional application under Section 482 of the Code of Criminal Procedure dates back to February 10, 1999 when one Subrata Das, the opposite party No. 1 in this application, filed a complaint before the learned Additional Chief Judicial Magistrate at Sealdah against one Pradip Kumar Biswas, the revisional applicant. That was Case No. C-130 of 1999 under Section 420 I.P.C. in question. There the opposite party No. 1, Subrata Das, being the complainant in the case brought out several allegations against the petitioner, Pradip Kumar Biswas. We may sum up the complaint as follows :

(3.) Subrata Das, the complainant (O.P. No. 1 here) alleged that he is a graduate and had interest in Alternative System of Medicine and wanted to study that. Dr. Pradip Kr. Biswas, the petitioner-accused, was the President of Council of Alternative System of Medicines, Principal of Medical College of Alternative Medicines and Chancellor of Open University of Alternative Medicine having Offices at 3, Cannal Street, P.S. Entally Calcutta-700 014. Attractive advertisements in different newspapers were given by the petitioner-accused, Dr. Pradip Kumar Biswas, on behalf of his institution for admission into his institution and the petitioner accordingly took admission as a student of alternative medicine in the Medical College of Alternative Medicine at the said 3, Cannal Street, Calcutta on 12.7.97. At the time of admission the complainant paid requisite fees of Rs. 2,000/- as a part payment for this course and other incidental charges for prosecuting the study in Dr. Biswas's institution. At the time of admission in the said medical college, the complainant (O.P. No.1) was given to understand by the petitioner-accused, Dr. Biswas, that his institution was the only institution of alternative medicines, that this institution was recognised by the Department of Health of Family Welfare, Government of West Bengal and also accepted by the Medical Council of India, Government of India, and was also approved by the Hon'ble High Court, Calcutta. According to the complainant, such tall claims were laid out in the prospectus of the institution given to the complainant and these were made with a deliberate intention to mislead and dupe huge number of job seekers. The complainant wanted to have acccess to the relevant papers in connection with the above assertions held out by the petitioner-accused but the petitioner-accused avoided the same and failed to satisfy the complainant's demand. The complainant gave a letter to the Secretary, Medical College/Council of India and got a reply from the Deputy Secretary, Medical Council of India dt. 8.8.97 whereby the complainant was informed that the qualification granted by the Council, Alternative System of Medicine, West Bengal, was not recognised by the Medical Council of India for the purpose of I.M.C. Act, 1956. Moreover, in the Telegraph dt. 9.8.97 a list of recognised medical colleges in India was published on behalf of the Medical Council of India but therefrom the names of the institution of the petitioner-accused did not appear. The complainant further alleged that subsequently, he moved a writ petition being No. 20305(W) of 1997 before the Hon'ble High Court at Calcutta which was disposed of on 11.5.98 and against the said order of the Division Bench of the Calcutta High Court the petitioner-accused preferred a Special Leave Petition before the Hon'ble Supreme Court which was also disposed of on 14.12.98 and hence, there was delay in filing the case by the complainant. According to the complainant, the petitioner-accused having held out some false data duped him to get admission in his institution and thereby had cheated him and hence, the complaint. Having examined the complainant under Section 200 Cr.P.C. and having satisfied with the preliminary ezahar, documents and finding a prima facie case under Section 420 I.P.C., learned Judicial Magistrate, 2nd Court, Sealdah, to whom the case was transferred issued process against the petitioner accused under Section 420 I.P.C.