PRADIP KUMAR BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application under Section 482 Cr. P. C. filed by the petitioner praying for expunging the remarks passed against him by the Ld. Additional Sessions Judge, First Court, Hooghly at page 52 of the judgment in Sessions Trial Case No. 48 of 1992 on 12.10.2001/15.10.2001 and order dated 15.10.2001 drawing up a proceeding under Section 344 Cr. P. C. for giving fabricated evidence and deposing falsely.

(2.) The circumstances giving rise to the above application are that on a complaint lodged by one Dilip Dey on 26.7.1990, S. I. T. Das (P. W. 23) of Pandua P. S. took up investigation of the case which was subsequently assumed by C. I. D. , West Bengal and the present petitioner (P. W. 24) after completion of investigation as second I. O. submitted charge-sheet u/Ss. 498A/304B I. P. C. against the accused persons on 28.10.1991. The case ended in conviction, and while pronouncing the judgment on 12.10.2001 the Ld. Judge observed that from the evidence of P. W. 24 it appears that after taking up investigation of the case he examined accused Subhasish Singha on 12.01.1991. Why he met the said accused and why he examined him remain unexplained and his investigation is quite perfunctory, and so from the above it becomes crystal clear that those two I. Os. have been purchased by the accused persons. Prior to pronouncement of the judgment on 15.10.2001 no opportunity was given to the petitioner for showing cause which resulted in gross miscarriage of justice. The said observation has lowered down his prestige in the eye of public and his promotion is at stake as copy of the judgment was sent to all the higher officers.

(3.) Being aggrieved by and dissatisfied with the said remarks the petitioner has come up before this Court.