Calcutta High Court (Appellete Side)
Partha Sarathi Das vs The State Of West Bengal on 27 August, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 27.08.2014(17)
(ap) C.R.R. No. 3112 of 2007 Partha Sarathi Das Versus The State of West Bengal Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure filed on 22.08.2007 Nobody appears on behalf of the petitioner when the matter is taken up for hearing.
In spite of earlier direction, none appears for the State with the case diary. The petitioner has been arrayed as accused person in Entally Police Station Case No. 75 of 2004 dated 10.04.2004 under Sections 419/420/467/468/471/120B of the Indian Penal Code and Section 12 of the Indian Passport Act corresponding to G.R. Case No. 1615 of 2004 pending before the learned Judicial Magistrate, 3rd Court, Sealdah.
The first information report was registered on the basis of a suo motu complaint lodged by one G.P. Mondal, Sub‐Inspector of Police alleging that on 10.04.2004 at 2:00 P.M. one Sajal Kumar Chakraborty was intercepted at N.R.S. Hospital compound as he was carrying duplicate forged passport along with a forged identity card. In course of investigation, it transpired that the petitioner was acting in collusion with the said Sajal Kumar Chakraborty. Charge‐sheet has been filed against the petitioner and other accused persons in the instant case.
It is pleaded that the petitioner is an innocent victim of circumstance Sajal Kumar Chakraborty was his tenant and passport belonging to the petitioner is a genuine one. There is forged entry which was made there by the co‐accused Pradip Saha of which the petitioner was wholly unaware. 1 2 I am of the view that the allegation in the impugned charge‐sheet prima facie discloses ingredients of the alleged offences. Complicity of the petitioner in the alleged crime is a question of fact which can be gone into at the appropriate stage of the proceeding. The issues canvassed herein cannot be adjudicated without permitting the prosecution to adduce evidence to prove its case.
The petition is disposed of giving liberty to the petitioner to agitate the issues canvassed herein at the appropriate stage of the proceeding, if so advised.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Joymalya Bagchi, J.) 2 3 3