Calcutta High Court (Appellete Side)
Bhagirath Tunga vs Joydeb Mukherjee & Anr on 12 March, 2020
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 100 12.03.2020
WP 4045(W) of 2018 AN Ct. No. 14 with CPAN 207 of 2020 Bhagirath Tunga
-vs.-
Joydeb Mukherjee & anr.
Mr. Soumen Kr. Dutta Mr. Sourav Dutta ... for the petitioner Mr. T. M. Siddiqui Mr. Nilotpal Chatterjee ... for the contemnors Contempt is alleged of the order dated 07.08.2018. By the said order, the A.D.S.R., Contai I was directed to consider the petitioner's representation for return of the original title deed which contains forged stamp papers to enable him to pay differential value of the actual stamp papers with that of the forged stamp papers.
Attempt was made by the said A.D.S.R. to trace out the original forged document that was filed with it. The said document appeared to have been part of criminal proceedings that were launched in connection with forged stamp papers before the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore.
The said A.D.S.R., Contai I addressed repeated letters to the Office of the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore asking for the said original title deeds to comply with the order of this court.
There was substantial delay on the part of the learned Judicial Magistrate concerned in reply to the said communication 2 until 17.06.2019.
For the first time, the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore, Smt. Pratima Shukla asked the said A.D.S.R. to make a suitable application in the court through the learned Assistant Public Prosecutor.
The said A.D.S.R., Contai is present in Court today. He submits through his learned counsel that his clients have made an application through the learned Assistant Public Prosecutor.
The learned Judicial Magistrate concerned thereafter informed that the documents have been given and kept under the custody of the erstwhile said A.D.S.R., Contai.
After a lot of effort, the said erstwhile A.D.S.R. was contacted and it transpired that the documents were sent for FSL in the year 1991 and the FSL Department communicated with the Office of the learned Judicial Magistrate concerned to take back the original title deeds after their report by order dated 28.01.1997.
This court is of the view that it is only the court of the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore that can ascertain the present status and/or whereabouts of the title deeds.
In such circumstances, the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore shall submit a report to this court as regards the whereabouts of the said title deed.
Needless to mention that all and every effort should be made by the Office of the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore and Smt. Pratima Shukla, the learned Magistrate herself to trace out the said title deeds. 3
The writ petitioner as well as the State shall communicate a copy of this order to the learned Judicial Magistrate, 1st Class, 3rd Court, Purba Medinipore as stated above.
Considering the above, let this matter appear on 12.04.2020 for further consideration.
This court appreciates the presence of the A.D.S.R., Contai for his assistance despite the fact that no Rule has been issued upon him.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Rajasekhar Mantha, J.)