Patna High Court - Orders
Man Mohan Kumar Sah vs State Of Bihar on 7 July, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42319 of 2009
MAN MOHAN KUMAR SAH, S/o Late Bhola Sah, resident of Village-Lakhminiya,
District- Begusarai at present A.S.I., R.P.F., Howrah Eastern Railway Station, West
Bengal, Village-Adarsh Nagar (Konagardh), Post-Naldanga (Bandel), P.S.-Chuchura,
District-Hoogly, West Bengal.
............................................... Petitioner
Versus
1. STATE OF BIHAR.
2. Om Prakash Gupta, S/o Late Basudeo Prasad Gupta, resident of Mohalla-Hazipur,
Thana Road Ward No. 18, P.S. & District-Khagaria.
..................................... Opposite Parties
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3 07.07.2010Heard counsel for the parties.
In this case a piquant situation has emerged on account of two conflicting reports with regard to an U. D. Case allegedly filed by the petitioner in respect of death of his wife and about whom there is now an allegation of being killed by the petitioner himself. The counsel for the petitioner has enclosed a document as contained in Annexure-2 dated 27.2.2008 pertaining to recording of U.D. Case No. 333 of 2006 dated 27.11.2006. The original of such document has been handed over today by the counsel of the petitioner.
Counsel for the informant, opposite party no.2, however, has seriously contested the genuineness and correctness of the said document on the basis of a certificate issued by the Officer-in-charge, Bandel GRPS. East Railway wherein it has been stated that no U.D. Case was in fact ever recorded as with regard to Anita Devi, the wife of the petitioner at Bandel GRPS on 27.11.2006.
2While counsel for the petitioner is quite sanguine about recording of the U.D. Case by one police officer Sri Pankaj Kumar Deb, A.S.I. of Chinsurah P.S., the Counsel for the opposite party no. 2 is equally sure of the certificate given by a still higher authority of the police department namely, Sri Amalendu Biswas, S.I., Officer-in-charge of Bandel GRPS, East Railway and both of them cannot be correct.
In that view of the matter, this Court would direct the concerned Superintendent of Police, Hoogly having jurisdiction of the Bandel GRPS and Chinsurah P.S. to submit a report as with regard to the authenticity and correctness of the aforesaid U.D. Case No. 333 of 2006 dated 27.11.2006. The original of Annexure- 2 produced by the counsel for the petitioner be kept in a sealed cover after its photocopy of the same is sent along with Annexure- A to the counter affidavit of opposite party no. 2 for submission of such report by the Superintendent of Police, Hoogly.
Let such a report be submitted by the Superintendent of Police, Hoogly within a period of four weeks from the date of receipt/production of a copy of this order.
List this case immediately after receipt of the report.
Rsh (Mihir Kumar Jha, J.)