← Library
Calcutta High CourtCRR/3418/2024disposed

Nilmani Banerjee v. State Of West Bengal And ANR

2024-09-30Hon'Ble Justice Joymalya Bagchi2 pages

30.09.2024 Item No. 4 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3418 of 2024 In the matter of : Nilmani Banerjee .....petitioner Mr. Sourav Prasanna Mukherjee Mr. Siddhartha Ghosh ....... for the petitioner 1.

Petitioner is the Secretary of the Managing Committee of Lodna Mankhama Vivekananda (Vidyamandir) High School. He lodged a case against the opposite no. 2 alleging the latter had misappropriated a sum of Rs.72,720/- and 25 quintal of rice from Mid-day Meal Scheme. Case was registered in 2008. Charge sheet was filed and the matter is pending for recording evidence. At this stage, petitioner has approached this Court praying for further investigation on the premise that the opinion of the handwriting expert is inconclusive. 2.

I note that the matter is pending for almost two decades. Prayer for further investigation has been made after enormous lapse of time. That apart, I have examined the expert's opinion. The expert has compared the specimen signature with questioned signatures A1 and A2 but could not give conclusive opinion. Moreover, photocopy of another

questioned document A4 was produced and no opinion could be given.

3.

Given this situation and the long lapse of time between the incident and the commencement of trial no worthwhile purpose would be served to direct further investigation into the matter. In the absence of conclusive opinion of the expert it is open to the prosecution to rely on circumstantial and other evidence to prove its case.

4.

With these observations, CRR 3418 of 2024 is disposed of. (Joymalya Bagchi, J.)