AMIT KUMAR BHATTACHARYYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, an advocate practicing in this court and appearing in person, alleges that the State Election Commissioner failed and neglected to file a complaint under Section 195(1)(a)(1) of the Code of Criminal Procedure, 1973 against the eighth respondent who committed offence punishable under Section 177 of the Indian Penal Code, 1860 by filing forged and fabricated documents with her nomination papers for Municipal Election, 2005.

(2.) He prays for leave to file a supplementary affidavit. He says that after the writ petition was taken out on January 17, 2007 certain documents with respect to an investigation made by the police authority on the basis of his representations came to his possession. Though at this stage, in my opinion, it is not appropriate to permit him to file any supplementary affidavit, when the writ petition, yet to be admitted, can be withdrawn by him with leave to file a fresh one with all materials and prayers, or can be amended, after hearing the case for some time, I find that in the interest of justice leave should be granted. Hence I order that the supplementary affidavit, filed in court, shall form part of the case record.

(3.) The petitioner alleges that the eighth respondent filed her nomination papers on April 21, 2005 stating that at that date no criminal case instituted against her was pending in any court. He says that as will appear from the documents annexed to the writ petition at that date the eighth respondent was involved, as an accused, in Jagatdal P. S. Case No. 27 dated January 28, 2005 under Sections 148/149/325/307/427 I. P. C. and that in connection with that case charge-sheet was submitted by the investigating officer on May 8, 2005. His further allegation is that with the nomination papers the eighth respondent submitted forged and fabricated documents with respect to her place of permanent residence.