Calcutta High Court (Appellete Side)
Sri Ashok Datta @ Ashok Dutta vs The State Of West Bengal & Ors on 10 June, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
46 10.6.14
Sc W. P. No. 15760 (W) OF 2014
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Sri Ashok Datta @ Ashok Dutta
- vs.-
The State of West Bengal & Ors.
Mr. Debasis Kar .....For the Petitioner.
Mr. Sadhan Roy Chowdhury Mr. Aniruddha Sen.
....For the State.
Mr. Tapas Kumar Ghosh Mr. Tanmoy Chaudhury.
.....For the Respondent No.5.
Mr. Asraf Ali .....For the C.B.I. Pursuant to an order passed by this Court on 20th July, 2012, the Central Bureau of Investigation (hereafter the CBI) was entrusted, inter alia, with investigation in relation to alleged user of forged stamp papers while a gift deed was prepared by the private parties herein. The report filed by the CBI reveals as follows :
"(b) In the light of the facts and circumstances, as narrated above, it is established that the questioned stamp papers, used in the preparation of Gift Deed No.I-05407 of 2007 in the matter of gifting of 29 Kottahs 4 Chittaks vide JL No.19, RS No. 55, Khatian No.106, RS Dag No. 633, 654 & 655, under Mouza Dangadighila, PS-Khardah, Distt.-24-Parganas (North) to Sh. Ashok Dutta by Sh. Bikash Chandra Dutta (the Petitioner of W.P. No.15179 (W) of 2011) and other co-sharers of the land, are genuine and the same were printed as ISP Nasik and subsequently reached Sk. Jasmir Hossain (Advocate) following the prescribed chain for the distribution of such stamp papers and on account of use of aforesaid 03 stamp papers, no loss has been caused to the Government Exchequer (i.e. Government of West Bengal and Central Government).
Hence, the instant Closure Report is submitted before this Ld. Court with the request that the same may kindly be accepted. It is to be mentioned that CBI has not made any further investigation in Khardah PS Case No. 316/2009 in the matter of dispute amongst Sh. Bikash 2 Chandra Dutta and others (the Writ Petitioners) and Sh. Ashok Dutta (the Donee) over the landed property."
It has been represented before the Court that investigation of Khardah P.S Case No.316/09 was concluded and police report under Section 173(2), Criminal Procedure Code has been filed vide Charge-sheet No.90/10 dated 28th February, 2010 under Sections 420/120B, of the Indian Penal Code. The petitioner is aggrieved by the report of the CBI in respect of the finding that forged stamp papers were not used for preparing the gift deed.
I am of the view that the petitioner's remedy lies in approaching the learned Magistrate in terms of the provisions of the Code of Criminal Procedure. No case for interference has been set up.
The writ petition stands dismissed, without costs.
Urgent photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta,J.)