SMRITI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 401 read with Sec. 482 of the Code of Criminal Procedure preferred against an order dtd. 23/11/2016 passed by the learned Chief Judicial Magistrate, Calcutta in connection with Hare Street, P.S., Case No. 59 of 2013 dtd. 23/1/2013 under Ss. 193/196/197/201/420/468/471/474/120B of the Indian Penal Code Corresponding to G.R. Case No. 319 of 2013 wherein the final report being no. 375 of 2019 dtd. 30/10/2013 was filed. Learned Magistrate by passing the impugned order has rejected the prayer of the petitioner for further investigation.

(2.) The brief fact of the case is that one petition of complaint was filed by the present petitioner with the Officer-in-charge Hare Street Police Station, Calcutta. Containing inter alia that the accused/opposite party 2 filed an application for probate and letter of administration before the Hon'ble High Court Calcutta for getting probate and letter of administration of a Will purported to have been executed by one Prafulla Bala Das, who happened to be grand-mother of the present petitioner along with some purported affidavit of consent of the legal heirs. It has been further alleged in the petition of complaint that the said Prafulla Bala Das died-intestate on 3/7/1975 and the probate and letter of administration case being no. PLA- 185 of 2006 was filed before the Hon'ble High Court, i.e. after long thirty years of her death. It further alleged that the Will in question is a forged document and the purported signatures/thumb impressions as well as the signatures of attesting witnesses were also forged and fabricated. It has specifically alleged in the petition of complaint that the affidavit of consent of the relatives of the deceased Prafulla Bala Das were also fake and the affidavit of consent the present petitioner is also a fake document. It has averted that the said P.L.A. No. 185 of 2006 being contentious re-numbered as T.S. 10 of 2011. The present petitioner contested the T.S.; thereafter the said probate application was dismissed on 9/9/2012.

(3.) The Police took up the investigation and filed final report before the Learned C.M.M. Calcutta, as the case is mistake of law on the ground that the Will in question and the alleged affidavits filed in connection with T.S. were under the custody of the Hon'ble High Court Calcutta and no complaint was made by the High Court thus with the opinion of the Learned Chief P.P. Bankshal Court, Calcutta. I.O. submitted the final report as mistake of law, considering the bar under Sec. 195 of Cr.P.C.