IN THE MATTER OF : DULAL SARKAR Vs. STATE

JUDGEMENT

(1.) The challenge in this revisional application is to the order no. 67 dated 2nd September, 2010 passed by the Ld. Additional Sessions Judge in connection with the Special Case No. 1 of 2000. The petitioner Dulal Sarkar has been made one of the accused in that case lodged by one Naresh Chandra Biswas under sections 408/409 of the Indian Penal Code. The complainant N. C. Biswas filed one F. I. R with the Kotwali P. S. of Jalpaiguri District alleging that Rs. 22,300/- was deposited by him to the Jalpaiguri Central Co?operative Bank through Sakati Samabay Samity under the advice of the petitioner, but the same was not deposited at all with the bank and the money was misappropriated by the petitioner.

(2.) The case was investigated into and ended in a F. R. T. The Id. court issued notice upon the de facto complainant who filed nariji petition praying for further investigation into the case.

(3.) The Ld. Judge initially directed the Superintendent of Police, Jalpaiguri to appoint an officer to reinvestigate into the case. The naraji petition was endorsed by the Ld. Public Prosecutor. Against that order of reinvestigation, the criminal proceeding being CRR No. 383 of 2009 was filed by the petitioner Dulal Sarkar and this Court on 28-07-09, set aside the order of reinvestigation passed by the Ld. Judge on the ground that the Ld. Judge passed the order without detailing out as to where the deficiencies were or which areas remained unexplored or which documents were not seized or which witnesses were not examined and similar other circumstances which remained unearthed. Since, it was not a speaking order, this Court on 22-07-09 in CRR 383 of 2009 directed the Ld. Judge to pass a reasoned order in accordance with law.