MILAN KUMAR DATTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dtd. 23/2/2018 passed by the learned Metropolitan Magistrate, 12th Court, Kolkata in G.R. Case No. 552 of 2013, thereby rejecting the petitioner 's prayer for discharge in connection with Bowbazar Police Station Case No. 66 of 2013 dtd. 6/2/2013 under Ss. 467, 468, 471 and 420 of the Penal Code.

(2.) The petitioner was a member of a co-operative society. The instant complaint was lodged by the Joint Registrar of Co-operative Societies on the basis of a complaint filed by another member of the Co-operative Society. The crux of the allegations were that the petitioner allegedly forged a purported communication of the Joint Registrar of Co-operative Societies and circulated a letter for the formation of a Board on the basis of such fake communication. Although the Board was announced, the formation of the Board was not given effect to after the issue of the forged/fake letter came to light. It was the petitioner 's case that the letter was dropped maliciously at his letter box so that he could unsuspectingly act on the same. A charge sheet was submitted. The learned Trial Court refused to discharge the petitioner from the alleged charges.

(3.) Mr. Basu, learned counsel appearing on behalf of the petitioner, submitted as follows. The present FIR was lodged on 6/2/2013 by the opposite party no. 2 based on a complaint made by a member of a co-operative society on 1/2/2013. The prime allegation was that the petitioner had circulated a letter for the formation of a Board of a co-operative society on the basis of a forged communication from the Joint Registrar of Co-operative Societies. On 5/2/2013 the Joint Registrar of Co-operative Societies wrote to the petitioner stating that the Circular in question was forged. On 12/2/2013 the petitioner appraised all about the correct position. He also informed the Joint Registrar of Co-operative Societies about it with a copy to the police station. It was the consistent stand of the present petitioner that the letter in question was maliciously dropped in his letter box and the petitioner acted on the same without suspecting any wrongdoing. The present petitioner had earlier written to the Joint Registrar of Co-operative Societies about the mismanagement of the affairs of the concerned Co-operative Society. It was germane to mention that earlier, an enquiry report of the Co-operative Development Officer found financial irregularities in the affairs of the society managed by others including the person at whose behest the FIR was lodged. Therefore, trying to set up the present petitioner could very well have been actuated by the resultant grievance. Besides, there was no matching of signature done in this case. In fact, there was no investigation done on the signature contained in the purported letter. There was no material to indicate any specific role played by the petitioner. In fact, there was no harm done inasmuch as after coming to know about the real facts, the Board did not take charge in pursuance of the said letter. The member of the Co-operative Society, at whose instance the FIR was registered by the Co-operative Society, withdrew his allegations by a subsequent letter given to the Joint Registrar. As such, no prima facie case was made out against the present petitioner. Any further continuation of the impugned proceeding shall be an abuse of the process of Court.