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Showing contexts for: forged stamp paper in Prasanta Kumar Das vs State Of Orissa And Anr. on 17 December, 2004Matching Fragments
7. Mr. Padhi cited the decision of the Supreme Court in Union of India and Ors. v. Sushil Kumar Modi and others, (1998) 8 SCC 661 in which it has been held once the charge-sheet is filed in the Special Court, the process of monitoring by the High Court ended and no part of the proceedings can remain pending in the High Court. He also cited the decision of the Supreme Court in Union of India v. Prakas P. Hinduja and another, AIR 2003 SC 2612 holding that Court would not interfere with the investigation or during the course of investigation because investigation from the time of lodging of the First Information Report till the submission of the report by the Officer-in-charge of the Police Station to the Court under Section 173 of the Cr.P.C. was exclusively reserved for the investigating agency. Mr. Panda on the other hand, submitted that this P.l.L. has assumed importance after the recent Telgi case in which a scam of corers of rupees in forged Stamp Papers has been detected.
8. In view of the aforesaid submissions made by the Learned Counsel for the parties, the first question to be decided in this case is whether any investigation has been made by the C.B.I, into Lalbag P.S. Case No. 56 dated 19.2.1996 in which it was alleged that counterfeit Court-fees amounting to Rs. 1704/- had been filed in A.H.O. No. 10 of 1994 in the High Court. As it appears from the report of the C.B.I. that Lalbag P.S. Case No. 56 dated 19.2.1996 was renumbered as RC 4/E/99-EOW/Cal after the same was transferred to the C.B.I. It also appears that the C.B.I, has investigated into the aforesaid case and after completion of investigation has filed a charge-sheet on 8.10.2000 before the Learned Special C.J.M., C.B.I., Bhubaneswar against Shri Malaya Kumar Das, son of Shri Sridhar Das under Sections 420, 468 and 258, I.PC. as it was found on such investigation that the Court-fees Stamp Papers of Rs. 1000/-, Rs. 500/- and Rs. 200/- were forged. Hence, the contention of Mr. Panda, Learned Counsel for the petitioner, that there appears to be no investigation by the C.B.I, into the aforesaid Lalbag P.S. Case No. 56 dated 19.2.1996 is factually not correct.