NIRMAL KUMAR BATABYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 16.06.2015 passed by the learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly, in Criminal Appeal No.01/2015 dismissing the appeal as not maintainable has been assailed.

(2.) The factual matrix giving rise to the instant case is to the effect that the petitioner herein being the Teacher -in -Charge of Ramnagar Atul Vidalaya, Hooghly lodged a first information report against opposite party no. 2, Mintu Kumar Patra, alleging that the said Mintu who was a student of the aforesaid educational institution had produced a mark -sheet of Madhyamik Examination purportedly issued by the West Bengal Board of Secondary Education before the petitioner showing that he had passed the said examination. Relying on such mark -sheet, the petitioner issued a character certificate to the said student. Subsequently from a communication by the Board it came to the knowledge of the School that the mark -sheet was a forged document. Accordingly, First Information Report being Khanakul P.S. Case No.55 dated 29.07.1097 under Section 468/471 IPC was registered for investigation against the opposite party no.2. Upon conclusion of investigation charge -sheet under sections 468/420/471 I.P.C. was filed against the aforesaid opposite party no.2. Charge was framed under Section 471 IPC. In conclusion of trial, however, the accused person stood acquitted of the aforesaid charge. Against such acquittal, the petitioner as a victim of the aforesaid crime filed an appeal under the proviso to Section 372 Cr.P.C. before the learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly.

(3.) Learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly, dismissed the appeal, inter alia, holding that the said appeal is not maintainable at the behest of the petitioner as the only remedy available was by way of an appeal under Section 378 sub Section (1) Cr.P.C. Mr. Sengupta, learned counsel appearing for the petitioner submitted that the petitioner himself was the victim of the offence as he was induced to issue a character certificate in favour of the opposite party no.2 on the strength of the forged mark -sheet. That apart, his client had also been authorized to file the appeal for and on behalf of the West Bengal Board of Secondary Education whose certificate had been allegedly forged by the opposite party no.2 and used as a genuine one. In support of his contention he filed a supplementary affidavit annexing an authorisation issued by the Secretary of West Bengal Board of Secondary Education authorizing the petitioner to file the aforesaid appeal. He further submitted that proviso to Section 372 Cr.P.C. provided for the forum of the said appeal namely, the Court of Sessions where the appeal would ordinarily lie from an order of conviction of the trial Court. He, accordingly, prayed for setting aside of the order passed by the lower appellate court and prayed for the appeal be heard out on merits.