The main legal point established in the judgment is the requirement of evidence to establish legal heirship and the consequences of fraudulent representations in claiming death benefits.

JUDGMENT

ananda Kumar Mukherjee, J. - Petitioner has filed this application under section 482 of the Code of Criminal Procedure praying for quashing of the proceedings in connection with G.R. Case No. 526 of 2006, arising out of Tamluk Police Station Case No. 164 of 2006 under sections 419, 420, 403, 406, 182 of the Indian Penal Code in connection with M.P. Case No. 21 of 2006, pending before the learned Chief Judicial Magistrate, Purba Midnapur at Tamluk.

2. Sadhana Das (Opposite Party No. 2) lodged a complaint before the learned Chief Judicial Magistrate, Purba Midnapur praying for directing the police to register the same as FIR under section 156(3) of Cr. P.C. It has been alleged in her petition that Purnima Bhowmik, her unmarried sister who was working in the leprosy department under District Health Department. Expired on 08.07.2001 and claimed herself to be the legal heir of her sister. The de facto complainant prayed before the Health Department that she is the nominee of her deceased sister and that she came to know that one Kajal Bag the present petitioner on producing false documents claimed himself to be the husband of Purnima Bhowmik and withdrew Rs. 2,53,394/- as Death benefits of Purnima Bhowmik. It has been alleged in the written complaint that Kajal Bag was an unmarried person. He never married Purnima Bhowmik and did not reside with her as husband and wife has withdrawn the service dues of her deceased sister. The matter was informed to the office of her deceased sister but there was no response from them. On the basis of the complaint lodged by Opposite Party No. 2 through court, Tamluk Police Station Case No. 164 of 2006 was registered.

3. Initially final report was submitted on 29.09.2006. On 07.11.2009 Opposite Party No. 2 prayed for further investigation by C.I.D. On 22.11.2006 learned Magistrate directed further investigation. On 05.09.2007 police again submitted final report on 24.08.2007. Thereafter, on 06.01.2009 a petition was filed by Opposite Party No. 2 for further investigation. On 04.02.2010 police submitted charge sheet bearing no. 36 dated 02.02.2010 under sections 419, 420, 468, 471 and 182 of the Indian Penal Code against the accused petitioner. This gave rise G.R. Case No. 526 of 2006.

4. It is claimed by the petitioner in his application that he married Purnima Bhowmik on 13.12.2000 and thereafter, he resided with her as husband and wife in the rented house of Chandi Charan Das at Tamluk. a certificate was issued by the Chairman, Tamluk Municipality dated 30.07.2001 that they were residing together as husband and wife. Further case of the petitioner is that Purnima was seriously ill and was taken to Vallore hospital for her medical treatment. Railway tickets, admission records, discharge certificates would go to establish that she was married with the petitioner. Furthermore, Purnima Bhowmik executed a Will in favour of the petitioner during her life time on 03.04.2001. after the death of Purnima on 08.07.2001 in a relative's house of Opposite Party No. 2 under Purosottampur Gram Panchayat, her dead body was cremated under the said Panchayat and both the petitioner and Opposite Party No. 2 prayed for the death certificate. after hearing both sides, the Pradhan issued a death certificate of Purnima Bhowmik which has been produced as annexure 'K'. The petitioner filed a Will Probate Case before the court of Civil Judge (Junior Division 1st Court), Tamluk on 01.08.2001 bearing J. Misc Case No. 29 of 2001 and the same is pending before the court for adjudication.

5. admittedly, Opposite Party No. 2 is the sister of the deceased and she manage to obtain a Death Registration Certificate from the Gram Panchayat of Podumkhana, P.S. Nanda Kumar and posed as the only legal heir of her deceased sister. In such manner she has withdrawing the money of her deceased sister kept at bank and post office.

6. The petitioner filed a criminal case against Opposite Party No. 2 and her associates being, Panskura Polic