( 1 ) THIS revisional application has been preferred by the de facto complainant petitioner assailing the order dated 9. 1. 07 passed by the learned additional Chief Judicial Magistrate (in short the ACJM), Asansol thereby dropping the case No. C-774 of 2006 in which the learned Magistrate earlier directed investigation under Section 156 (3) of the Cr. P. C. treating the complaint as FIR.

( 2 ) MR. Prabir Kumar Mitra, the learned Advocate for the petitioner submitted that the surname of the petitioner is Chatterjee @ Chattopadhyay and his father is Nani Gopal Chatterjee. The petitioner married one Kajal, daughter of Kanu Bhuia on 5. 7. 80 and at the relevant time of marriage his father in-law was working at Natindanga Colliery under the E. C. L. The said kanu Bhuia became unfit for his job and approached the E. C. L. , authorities for premature retirement and requested the authorities to appoint the petitioner in his place. The E. C. L. authority accordingly, on the basis of recommendation of Kanu Bhuia appointed the petitioner on 14. 11. 83 and, at the time of appointment the petitioner filled up necessary documents mentioning his surname as well as the name of his father. In the

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