Calcutta High Court (Appellete Side)
(Srimanta Charan Manna vs State Of West Bengal & Ors.) on 1 November, 2019
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
1 32 01.11.2019 jb.
W.P. 14978(W) of 2018 (Srimanta Charan Manna vs. State of West Bengal & Ors.) Mr. Satyajit Mondal Mr. Ratul Ghosh .... For the Petitioner It is submitted on behalf of the petitioner that the issues raised in this writ petition are covered by a decision passed by the Hon'ble Division Bench of this Hon'ble Court dated 5th January, 2011 passed in F.M.A. 200 of 2010. The petitioner submits that the said decision has attained finality and has also been followed by the subsequent courts. In the said decision passed by the Hon'ble Division Bench, the Hon'ble Division Bench was considering an appeal against an order dismissing a writ petition on the ground that criminal proceedings were pending. In this writ petition a prayer was made for a direction on the registering authority to supply certified copy of a particular deed which was found to have been presented for registration using forged stamp papers. In 2 this background the Hon'ble Division Bench directed as follows:-
".... .... ..... .....
On deposing an amount equivalent to the
aggregate value of the stamp papers used for the purpose of registration with the registering authority and upon proper application being made for obtaining certified copy and on payment of proper fees for the same, the registering authority concerned shall supply the certified copy of the document. The said certified copy shall be used for all practical purposes. Supply of certified copy shall be made within fortnight from the date of making deposit. If no deposit is made within four weeks from the date of receipt of certified copy of this order, then the issue will be a closed chapter and the judgment and order of the learned trial Judge will stand revived.
The aforesaid amount shall be kept deposited till the investigation is complete and the trial is over, the ideally in a term deposit, if possible. If it is found in the trial that the stamp papers in question are forged, then the amount so to be deposited with the registering authority, shall be handed over to the appropriate authority, viz. the State Government. In the event, it is found that the stamp papers are genuine, obviously the amount so to be deposited, shall be returned to the appellants/petitioners.
Accordingly, we set aside the judgment and the order of the learned trial Judge. However, we make it 3 clear that this order will not create any special right or equity in the criminal proceedings, as far as defence is concerned."
It is submitted by the petitioner that the instant writ petition is not different from the one which was considered by the Hon'ble Division Bench as aforesaid.
Accordingly, W.P. 14978(W) of 2018 stands disposed of by directing that the directions as extracted hereinabove shall be made mutatis mutandis in respect of the petitioner herein.
Photostat certified copy of the order, if applied for, be given to the parties on urgent basis.
(Ravi Krishan Kapur, J.)