PRADIP KUMAR SARKAR Vs. SANKAR KARAR & ORS

JUDGEMENT

(1.) The impugned order dated 05.07.2018 passed by the learned Additional Sessions Judge, Fast rack, 1st Court, Howrah in Criminal Revision No. 98 of 2017 dismissing the revisional application thereby affirming the order of the learned Judicial Magistrate 1st Court, Howrah in GR. No. 1459 of 1993 rejecting the petition of the revisionist dated 13.6.12 praying for conducting an enquiry over the alleged tampering of date contained in the order sheet is the subject matter of challenge in this revisional application.

(2.) Learned advocate for the revisionist submitted that the Revisional Court, in connection of Criminal Revision No. 98 of 2017, failed to appreciate the contention, raised in the petition dated 13.06.12 in its real perspective, and thus proceeded to affirm the order of the learned Magistrate without going deep into the matter, and without ordering an enquiry, as contemplated under Section 340 Cr. P.C.. Thus according to revisionist, if an enquiry was allowed to be held for ascertaining the person/persons for alleged tampering of dates fixed for hearing in the Court s record, it would have been easier for the Court to take appropriate penal measure against the persons committing such wrongs.

(3.) Learned advocate for the private parties 1 to 3 submitted that the instant prayer, praying for to hold an enquiry in order to reveal the truth beyond the tampering of the court s record was nothing, but simple the drag the case which cannot be encouraged in the manner as exercised in the instant case.