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1978 Supreme(Cal) 371

P.C.BOROOAH, S.C.MAJUMDAR
A. K. Majumdar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Balai Chandra Roy, Samir Kumar Chakraborty for the petitioner;
Amalendu Pal for the State.

JUDGMENT

S.C. Majumdar, J.

This is an application in Revision against an order of framing of a charge by the Metropolitan Magistrate, 11th Court, Calcutta Shri B.C. Pal who by his order dated 5.10.77 framed a charge under S. 414 of the Indian Penal Code in G.R. Case No. 12 of 1976, against the petitioner Dr. A.K. Majumder. It is the contention of the petitioner that on the facts of the prosecution case taken as a whole, a charge under S. 419 of the Indian Penal Code cannot be framed and therefore, it is prayed that the charge farmed under S. 419 I.P.C. may be quashed. The only point for consideration is whether on the basis of the prosecution statements and documents on record a prime facie case under S. 419 I.P.C. had been made out.

2. The prosecution case in brief is that the accused petitioner falsely introduced himself to be the Commissioner of the Burdwan Division and Ex Officio Chairman of the Housing Board, of the Govt. of West Bengal and on such introduction told the de fecto-complainant D.N. Ghosh that he was in a position to attest to some documents which were to be forwarded to the Bokaro Steel. On the request of the de facto complainants, the petitioner attested the docume







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