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2024 Supreme(Cal) 53

SABYASACHI BHATTACHARYYA
Brand Street – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent


Advocates appeared:
For the Applicant:Rajdip Bhattacharya, Debapratim Guha, Anchita Sarkar, Advocates. For the Respondents:Sankar Banerjee, Pantu Deb Roy, Subrata Guha Biswas, Prantick Ghosh, Prasad Bhattacharyya, Sandip Dutta, Advocates.

JUDGMENT

1. In both the writ petitions, applications have been filed by the private respondent under Section 340 of the Code of Criminal Procedure (CrPC) alleging that certain forged documents have been annexed to the writ petitions and statements have been made in support thereof which are false and intended to practice fraud upon the court.

2. The first such document is a purported certificate of enlistment issued by the Madhyamgram Municipality to the writ petitioner for carrying on business of readymade garments (retail). Copies of the said document have been annexed by the applicant to the applications, where the endorsements “PROVISIONAL” and “2017-2018” appear. However, in the corresponding copies of the same document annexed to the writ petitions, the said endorsements were not there.

3. The writ petitioner seeks to explain away the same by contending that there was a flood in the region, which caused water-logging and apparently obliterated the said endorsements, which were stamped on the certificate of enlistment with soluble ink. Pleadings and materials in support of the flood has been sought to be produced.

4. A second document alleged to be forged is a leave and licence ag

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