Calcutta High Court (Appellete Side)
Arindam Roy vs Unknown on 13 June, 2019
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1 13.06.2019
Item no.47 Ct. No.22 CHC C.R.R. No.1835 of 2018 In Re:- An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure.
And In the matter of:-
Arindam Roy ... Petitioner Mr. Binoy Kr. Panda, Ms. Puspita Saha ... for the State Mr. Panda, learned advocate for the State/opposite parties is present with copy of the C.D. None appears for the petitioner.
The petitioner/revisionist has sought for quashing of First Information Report dated 10.9.2014 in connection with Salar Police Station Case No.293/14 dated 10.9.2014 under Sections 419/468/471/120B of the Indian Penal Code presently pending before the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad, alleging that the caste certificate issued in his favour after investigation by the competent authority cannot be doubted any more and the instant prosecution is purposive and harassive one simply to maligne the petitioner. 2 In this case, Sub Divisional Officer, Kandi, Murshidabad submitted a complaint for fraudulent procurement of a caste certificate by the petitioner making complete suppression of facts and furnishing misleading declarations, which were strongly contended to be manufactured documents, procured to serve the colourful intention of the petitioner. The authority concerned issued Schedule Caste Certificate sometimes in 2012 on the basis of fictitious declaration issued by the some designedful persons wherein the petitioner disclosed himself to be belonging under sub-caste 'Namasudra' in order to obtain a Schedule Caste Certificate. Though, the competent authority responsible for issuing caste certificate initially issued caste certificate holding investigation necessary therefor, but subsequently, the same turned up to be an illegal, whenever the petitioner himself sought for a Schedule Tribe Certificate describing himself to be belonging under 'Kisan' community.
In course of independent investigation, the petitioner was detected to be belonging under Brahmin community which he purposefully suppressed making contradictory disclosures by way of furnishing affidavits and documents for the purpose. On the basis of complaint submitted by the SDO, Kandi, Murshidabad, Investigating Officer held independent investigation and ultimately submitted charge-sheet making out a prima facie 3 case under Sections 419/468/471/120B of the Indian Penal Code against the petitioner. The police held thorough investigation with reference to the different disclosures made by petitioner on different occasions and ultimately, found prima facie genuineness of the contention depicted in the complaint itself. When the Schedule Caste Certificate was lawfully issued earlier, which was subsequently cancelled with a direction to submit the same by the petitioner, pursuant to the subsequent disclosure of the petitioner describing himself to be belonging to "Kisan" community under S.T. category, evidence of the parties is extremely required without which the prayer for quashing is not encouraging one at this moment. In course of trial, the genuineness of the complaint will be best decided. The quashing as proposed is not with merits.
Accordingly, the prayer for quashing is refused. The revisional application fails.
Learned court below is directed to proceed with the trial expeditiously as possible giving sufficient opportunity to either of the parties to this case without granting unnecessary adjournment, unless it is unavoidable.
The department is directed to make communication of this order to the learned A.C.J.M. Kandi, Murshidabad, in connection with Salar Police Station Case No.293/2014 dated 10.09.2014 4 under Sections 419/468/471/120B of the Indian Penal Code. Department is directed to make urgent communication.
(Subhasis Dasgupta, J.)