Nripen Karjee And ANR. v. The State Of West Bengal And ORS.

SL 28 29.01.2024 SBIII nm Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA/2507/2023 NRIPEN KARJEE & ANR.

VS THE STATE OF WEST BENGAL AND ORS Mr. Kalyan Chakraborty.

Mr. Debajit Kundu.

...For the Petitioners.

Mr. Hirak Barman, Mr. Anirban Banerjee.

..For the State.

The petitioners pray for investigation of the complaint lodged on 20th August, 2023.

The petitioners submit that the private respondents, by forging the signature of the petitioners, executed a deed and registered the same on 30.06.1986. The petitioners got the information of such misdeed in the year 2002. A complaint was lodged before the police but the said complaint was not properly investigated. Prayer has been made by the petitioners to transfer the investigation to the Central Bureau of Investigation or any other independent agency.

Learned advocate representing the State respondents has obtained instruction from Alipurduar Police Station.

It appears therefrom that application under Section 156(3) of Cr.P.C. was filed by the petitioner no.2. In compliance of the direction passed by the learned ACJM, Alipurduar C.R. Case No.238/2019 was registered and entrusted to the learned 2nd JM, Alipurduar for proceedings. On 31.03.2021, the learned

2nd JM, was pleased to dismiss the said case by observing that in the absence of any decree from the Civil Court, the Court does not have the jurisdiction to hold that the signature of the alleged deed is fake and fabricated. C.R. Case No.238/2019 stood dismissed under Section 203 of the Cr.P.C. as the complainant failed to establish any prima facie case.

A criminal revision case was filed in the Court of the learned Additional District and Sessions Judge, Fast Track, Court-I, Alipurduar vide Criminal Revision Case No.21/2021. Vide judgment dated 28th July, 2022 the said Criminal revision stood dismissed.

A further criminal revision was filed before the Hon'ble High Court challenging the order passed by the learned Additional District and Sessions Judge. Vide judgment dated 12.10.2023 passed in CRR No.215 of 2022 a co-ordinate Bench of this Court was pleased to dismiss the said revisional application.

At this stage, prayer of the petitioner for causing investigation of the complaint, all over again, cannot be entertained.

The writ petition stands dismissed.

Dismissal of the writ petition will not stand in the way of the petitioners from approaching the appropriate forum for relief, if so advised.

Supplementary affidavit and affidavit of service filed in Court today are taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)