SANJIB CHAKRABORTY Vs. SUBIR RANJAN CHAKRABORTY

JUDGEMENT

(1.) The petitioner has prayed for quashing of the proceeding in connection with Complaint Case No.AC 2622 of 2022 pending in the 9th Court of the learned Judicial Magistrate at Alipore.

(2.) Petitioner is an Inspector of Police at present in charge of Sonarpur Police Station. The court complaint was alleged by the opposite party No.1 against the petitioner stating, inter alia, that on 7/2/2022 he noticed involvement of a private vehicle bearing Registration No.WB06N-0699. In the front of back screen of the said vehicle the word 'POLICE' were written in read colour in order to create a false impression in the mind of general public as well as the public authorities that the said vehicle belongs to Police Department. Seeing the said vehicle, one Parag Mukherjee, Advocate made an application under the provision of Right to Information Act to the State Public Information Officer of West Bengal Police Directorate to ascertain as to whether the vehicle bearing Registration No.WB06N-0699 belongs to the Police Department or not. The Public Information Officer sent a reply that there is no record in the Police Department of the State of having vehicle No.WB06N-0699. After getting the said information with a forwarding letter dtd. 31/5/2022 the complainant understood that the accused No.1/petitioner committed personation by showing his private vehicle publicly as the vehicle of the Police Department for the purpose of taking unlawful advantage from the general public as well as the public authorities inducing them for the purpose of illegal gain by the registered owner of the vehicle and wrongful loss to the general members of the public. Moreover, it appears from the records of the Motor Vehicle Department that the petitioner's residence was under the jurisdiction of Ward No.104 of the Kolkata Municipal Corporation, where as the accused No.1 either intentionally or deliberately showed his residential address under the jurisdiction of Ward No.96 of the Kolkata Municipal Corporation. Thus, the petitioner committed cheating by personation, forgery of valuable security either to make or transfer or receive valuable security money etc punishable under Sec. 419/420/467/468/471/170 of the IPC.

(3.) The above stated complaint was filed by the opposite party before the learned Additional Chief Judicial Magistrate (IC), South 24 Parganas at Alipore on 21/9/2022 and the learned Magistrate took cognizance of offence under Sec. 190(1)(a) of the Code and made over the case to the learned Judicial Magistrate, 9th Court at Alipore for examination of the complainant under Sec. 200 of the Cr.P.C and further order. On 21/11/2022 the complainant was examined under Sec. 200 of the Cr.P.C on the basis of his statement on oath and materials on record, the learned Magistrate issued process against the petitioner No.1 under Sec. 419/420/467/468/471/170 of the IPC fixing 27/2/2023 for service return and appearance. The order of taking cognizance dtd. 21/9/2022 and the subsequent order dtd. 21/11/2022 are assailed by the petitioner in the instant revision.