- (1.) The C.R.R. 1310 of 2011 and C.R.R. 1331 of 2011 are disposed of by the common order below as both are arising out of same case being Ekbalpore police station case no. 115 dated 4.7.2005.
(2.) Sk. Sakil filed the application CRR 1310 of 2011 challenging the order dated 28.3.2011 passed by the learned C.J.M., 24 Parganas (South), thereby rejecting the prayer for further investigation into the case. The C.R.R. 1331 of 2011 has been filed by Jujhar Singh @ Hazra Singh praying for quashing of the charge-sheet/proceeding so far as he is concerned.
(3.) Sk. Sakil, the petitioner of CRR 1310 of 2011 lodged one F.I.R. with Ekbalpur Police station on 5.7.2005 stating therein that in the year 2003 he sold his taxi and accumulated as sum of Rs. 5,30,000/- and was thinking of investing said money in some financial scheme. He asked Sanjay Dey, (opposite party no. 2) for some ideas regarding investment of that money. Sanjay afterwards and his wife Anusua (O.P no. 3) as well parents of Sanjay told Sakil that they were facing financial crisis and wanted to borrow Rs. 5,30,000/- from him. They assured him that they would pay back the amount within a month and in order to convince him, they agreed to hand over license of their distributorship business and also promised to hand over peaceful vacant possession of a flat owned by Anusua Dey at premises no. 46, New Parnashree Pally School Road. They also agree to hand over the original deed in respect of the said flat. Sk. Sakil agreed to their request and on 20.1.2004 O.P. no. 2 Sanjay prepared a money receipt mentioning therein that he would hand over the license of the distributorship business as well as the flat at premises no. 46, New Parnashree Pally school road in favour Sk. Sakil in case he fails to repay the loan amount within a month. On that particular day i.e., 20.1.2004 the O.P. no. 2 received Rs. 530000/- from Sakil and handed over him the money receipt and original license of the distributorship business. When the date of repayment came and Sk. Sakil was unwilling to give Sanjay and Anusua further time, Sanjay and Anusua agreed to execute a deed of mortgage in respect of the flat mentioned above and prepared a memorandum on 14.2.2004, executed on 16.2.2004 to that effect but they failed to repay the amount within the time and on various pretexts, caused gross delay in handing over the flat. Sk. Sakil afterwards came to know that Anusua in connivance with her husband, father-inlaw, mother-in-law sold the flat to Hazra Singh (petitioner in C.R.R. 1331 of 2011), son of late Jain Singh. So, the O.P. no. 2, 3 and Kalisadhan Dey and his wife committed offence of criminal conspiracy and cheating on and from 20.1.2004. On the basis of said F.I.R., the case was investigated into and charge-sheet dated 31.12.2007 was filed against Sanjay Dey and Anusua Dey under section 120B/420 of IPC. Kali Sadhan Dey, the father of Sanjay Dey was not charge-sheeted. Sk. Sakil filed an application in the Court of learned C.J.M. praying for further investigation into the case. The learned C.J.M. allowed such prayer and directed to further investigate into the case. The Second report of investigation in from of charge-sheet dated 1.2.2011 was filed wherein the O.P. no. 2, 3 and 4 has been charge-sheeted for committing offence under Section 120B and 420 IPC. Sk. Sakil, being dissatisfied with the manner in which the further investigation was done, filed another application praying for directing the Deputy Commissioner of police, D.D., Kolkate to cause further investigation because the opposite party no. 2, 3 and 4 were exonerated from the charges under section 468 and 471 of IPC although there was a clear case of forgery by all of them and that Hazra Singh has been shown as the same man as Juzhar Singh in the charge-sheet which was entirely wrong.;