Calcutta High CourtCRR/2226/2022dismissed

Md Abdul Goffur Sardar v. State Of West Bengal And ANR

2022-07-11Hon'Ble Justice Bibek Chaudhuri2 pages

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2226 of 2022 Md. Abdul Goffur Sardar Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Bibaswan Bhattacharya, Adv.

Mr. Sahid Uddin Ahmed, Adv.

Mr.Anupam Bar, Adv.

Heard on : 11.07.2022 Judgment On : 11.07.2022.

Bibek Chaudhuri, J.

The petitioner being one of the accused in G.R. Case No.2566 of 2020 pending before the learned Chief Judicial Magistrate, Krishnagar at Nadia under Sections 420/466/468/471/472/34 of the Indian Penal Code arising out of Kotwali Police Station Case No.688/2019 dated 1st October, 2019. Opposite party No.2, one Sujit Halsana, being Inspector of Drugs, has lodged a written complaint, stating, inter alia, that one Sujit Pal and Pritam Dutta being the partner of M/s. Kalibalya Pharmacy at Badkulla, village Badkullagagan Babu Bazar, Taherpur, Nadia made an online application for retail drug licence where the petitioners were shown as Pharmacist. Along

with the application, the applicants uploaded an affidavit duly sworn by the present petitioner before the learned Chief Judicial Magistrate, Alipore declaring himself as a Pharmacist.

The authenticity of the said affidavit shall enquire into and it was unearth. No such affidavit was sworn before the learned Chief Judicial Magistrate at Alipore on 4th July, 2019. It is pleaded by the petitioner that the petitioner is a licence Pharmacist and no false affidavit was sworn by him. Therefore, charge-sheet was mala fide .

On perusal of the materials on record and having heard the learned Advocate for the petitioner, it appears that the learned Chief Judicial Magistrate, Alipore has informed that no affidavit was sworn by the petitioner on 4th July, 2019 and signature and seal of the Court were not the actual seal and signature of the Court. It is prima facie found that the said affidavit was forged. Therefore, I do not find any reason to quash the instant criminal revision. The revisional application is summarily dismissed. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.101.

M/L.