NOOR ALAM KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioner/accused person assailing the order of dismissal of Criminal Revision No.57 of 2018, dated July 30,2018 passed by the learned Additional Sessions Judge,3rd Court, Asansole preferred against the order dated May 4, 2018 passed by the learned Additional Chief Judicial Magistrate, Asansol in G.R. Case No. 469 of 2016 arising out of Asansol (South) Police Station Case No. 83 of 2016 dated February 20, 2016 under Sections 419/420/467/468/ 471/120B IPC thereby allowing the prayer of the investigating officer to take photograph of the petitioner/accused person.

(2.) The facts leading to the instant revision is that on February 20, 2016 one written complaint was submitted by the Branch Manager, Canara Bank, Asansol Branch before the officer in charge, Asansol (South P.S.) against one Pappu Singh and Balaram Dutta, Account holders, for making fraudulent transactions by using different names and wrong telephone calls. Accordingly, FIR was drawn up under Sections 419/420/467/468/ 471/120B IPC against them and investigation was taken up by the CID, West Bengal. During investigation it was found that the petitioner in the name of Pappu Singh opened the account in question, some documents, like account opening forms etc. were seized. Petitioner who was detained in custody in connection with offence of similar charges was taken into custody in connection with this case as being the accused Pappu Singh. On May 4, 2018 investigating officer made a prayer before the learned ACJM, Asansol praying for permission for taking photograph of the petitioner/accused person for comparison with the seized affixed photograph of the account opening form in the name of Pappu Singh by the expert of CFSL, Kolkata to ascertain as to whether the said Pappu Singh and this petitioner Noor Alam Khan @ Guddu are the same person or not. Accordingly, learned Magistrate allowed the said prayer of the investigating officer and directed the sureties to produce the accused before the investigating officer for the above purpose.

(3.) Being aggrieved by the same, petitioner preferred revision being criminal revision no. 57 of 2018 before the court of Sessions which was dismissed on July 30, 2018 by the impugned order.