PRADIP KR. SENGUPTA Vs. STATE AND ANR.

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner, the opposite party No. 1, State of West Bengal and the opposite party No. 2 Indrajit Sengupta separately at length.

(2.) The petitioner Pradip Kumar Sengupta on the basis of this application under Sections 401 and 482 of the Code of Criminal Procedure has prayed for setting aside the entire proceeding along with the order dated 19.6.2001 passed by the learned Sub-Divisional Judicial Magistrate, Durgapur in G.R. Case No. 347 of 1995 arising out of Coke Over P.S. Case No. 31 of 1995 under Sec. 420 of the Indian Penal Code.

(3.) In course of hearing Mr. Bikash Ranjan Bhattacharya, learned Counsel for the petitioner, drew the attention of this Court to page 86 of the present application in which a list of documents has been enclosed and contended that before framing of change it was incumbent upon the learned Magistrate to take into consideration the said documents. It is also argued that if those documents were duly considered, it would have been found that no charge could be framed against the present petitioner. Mr. Bhattacharya also placing reliance on the provisions of sections 239 and 240 of the Code of Criminal Procedure contended that before framing of the charge, it was incumbent upon the Magistrate to make appropriate examination of the accused which was practically not done in this case and the present accused did not get any opportunity not done in this case and the present accused did not get any opportunity to produce or to rely on the documents herein above mentioned in course of such examination.