KAJAL CHANDRA BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has filed this application under sec. 482 of the Code of Criminal Procedure praying for quashing of the proceedings in connection with G.R. Case No. 526 of 2006, arising out of Tamluk Police Station Case No. 164 of 2006 under Sec. 419, 420, 403, 406, 182 of the Indian Penal Code in connection with M.P. Case No. 21 of 2006, pending before the learned Chief Judicial Magistrate, Purba Midnapur at Tamluk.

(2.) Sadhana Das (Opposite Party No. 2) lodged a complaint before the learned Chief Judicial Magistrate, Purba Midnapur praying for directing the police to register the same as FIR under sec. 156(3) of Cr. P.C. It has been alleged in her petition that Purnima Bhowmik, her unmarried sister who was working in the leprosy department under District Health Department. Expired on 8/7/2001 and claimed herself to be the legal heir of her sister. The de facto complainant prayed before the Health Department that she is the nominee of her deceased sister and that she came to know that one Kajal Bag the present petitioner on producing false documents claimed himself to be the husband of Purnima Bhowmik and withdrew Rs.2,53,394.00 as Death benefits of Purnima Bhowmik. It has been alleged in the written complaint that Kajal Bag was an unmarried person. He never married Purnima Bhowmik and did not reside with her as husband and wife has withdrawn the service dues of her deceased sister. The matter was informed to the office of her deceased sister but there was no response from them. On the basis of the complaint lodged by Opposite Party No. 2 through court, Tamluk Police Station Case No. 164 of 2006 was registered.

(3.) Initially final report was submitted on 29/9/2006. On 7/11/2009 Opposite Party No. 2 prayed for further investigation by C.I.D. On 22/11/2006 learned Magistrate directed further investigation. On 5/9/2007 police again submitted final report on 24/8/2007. Thereafter, on 6/1/2009 a petition was filed by Opposite Party No. 2 for further investigation. On 4/2/2010 police submitted charge sheet bearing no. 36 dtd. 2/2/2010 under Sec. 419, 420, 468, 471 and 182 of the Indian Penal Code against the accused petitioner. This gave rise G.R. Case No. 526 of 2006.