(1.) The Petitioner in this Rule prays that the order of discharge passed under Section 209 of the Code of Criminal procedure on February 11, 1958, by Shri M.C. Sarbadhikari, magistrate, first class, Alipore, should be set aside.
(2.) The facts leading up to the order of discharge complained of are that the opposite party Panchulal Dey instituted a suit in the court of the Subordinate Judge, Aliproe, against one Surendra Nath Chatterjee, since deceased, and several others including the Petitioner for a declaration of his title in certain lands and in that: suit the opposite party Panchulal Dey produced a certain rent receipt alleged to have been signed by the Defendant Surendra Nath Chatterjee. This receipt which was Ex. 1 in the case was challenged to be forged document and was found to be a forged document on comparison with the signatures of the said Surendra Nath Chatterjee on two other kobalas executed in the year 1928 by which Surendra Nath Chatterjee conveyed some of his properties to one Mohit Mohan Mukherjee. The suit instituted by the opposite party was dismissed and his appeal also failed. The two kobalds which were produced in the suit by Mohit Mohan Mukherjee were taken back by him after the disposal of the suit. It is stated that subsequently in another Title Suit No. 122 of 1954/25 of 1955 of the 7th court of the Subordinate Judge, Alipore these two documents had been filed by the said Mohit Mohan Mukherjee and they are now in the custody of that court. It is also stated that the documents were made over to one Shri Syamapada Sen Gupta, a pleader commissioner who was appointed by the court for taking depositions of certain witnesses on commission.
(3.) As the document Ex. 1 was found to be a forged receipt, an application was made before the learned Subordinate Judge under Section 476 of the Code of Criminal Procedure for making a complaint against the opposite party. The learned Subordinate Judge passed an order for forwarding a complaint to a magistrate for prosecuting the opposite party under Sections 463 and 471 of the Indian Penal Code. The opposite party filed an appeal against this order and also moved this Court in revision but the order of the Subordinate Judge was upheld. A formal complaint was ultimately sent to the police magistrate of Alipore upon which the opposite party was placed on his trial on charges under Sections 463 and 471 of the Indian Penal Code.