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1960 Supreme(Cal) 181

J.P.MITRA
ABDUL HALIM – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, DILIP KUMAR DUTTA, NIRMAL CHANDRA DAS GUPTA

J. P. MITTER, J.

( 1 ) THIS is a Rule for quashing a prosecution under Sections 467, 471 and 474 of the Indian Penal Code.

( 2 ) THE facts leading to the prosecution are these : Petitioner No. 1 Abdul Halim was alleged to have produced a sale certificate in respect of certain disputed properties before an Assistant Settlement Officer in the course of proceedings under Section 44 (1) of the Estates Acquisition Act. The opposite party to those proceedings challenged the genuineness of the said certificate by producing a certified copy of the document which was in certain respects at variance with the one filed by the petitioner Abdul Halim. The Settlement Officer referred the matter to the police without any previous enquiry. There was no complaint by him as required under Sections 195 and 476 Cr. P. C. The police held an investigation and submitted a charge-sheet against the petitioners under Sections 467, 474 and 471 of the Indian Penal Code. On receipt of the charge-sheet the learned trial Court took cognizance of the case and) the present prosecution commenced.

( 3 ) MR. Dutta for the petitioners has taken several points in support of the Rule. The first point urged is that th

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