Calcutta High Court (Appellete Side)
(Sri Siba-Brata Mandal vs The State Of West Bengal on 20 July, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
63
20.07.2015
rrc W. P. 12613 (W) of 2015 (Sri Siba-brata Mandal Vs. The State of West Bengal & Ors.) Mr. Suranjan Mandal Mr. Sukumar Bhunia ......For the petitioner Mr. N. Manna Mr. Sanatan Panja ......For the State Mr. Mandal, learned advocate for the petitioner submits that the issue raised in this writ petition is covered by a decision of the Division Bench of this Court dated 5th January, 2011 passed in F.M.A. 200 of 2010. It has not been represented by Mr. Manna, learned advocate for the State before me that State has preferred any appeal against the decision dated 5th January, 2011 and, therefore, I shall proceed on the basis that the said decision has attained finality and the State has accepted it.
The Division Bench was considering an appeal against an order dismissing a writ petition on the ground that criminal proceedings were pending. In the 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. 2 While setting aside the order under challenge, the Division Bench directed as follows:-
"............... ................. ................ ......
On depositing 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 clear that this order will not create any special right or equity in the criminal proceedings, as far as defence is concerned."
The present case is not different from the one considered by the Division Bench. Accordingly, this writ petition stands disposed of directing that the directions as extracted supra, shall be applicable mutatis mutandis in respect of the petitioner also.
3Urgent photostat certified copy of this order, if applied for, be supplied as expeditiously as possible.
( Dipankar Datta, J.)