Bhaskar Bhattacharya, J. - (1.) This appeal is at the instance of a writ petitioner and is directed against the order dated 22nd May, 2003 passed by a learned Judge of this Court thereby disposing of an application under section 340 of the Code of Criminal Procedure by directing the Registrar, Original Side of this Court to enquire into the allegations made by the respondent as regards the alleged offence committed by the appellant under section 196 of the Indian Penal Code with further direction to lodge complaint before the Chief Metropolitan Magistrate, Calcutta, if on such enquiry, just reason was found for lodging such complaint.
(2.) The present appellant filed various writ applications before this Court including the one, being W.P. No. 1510 (W) of 1999, claiming a compensation of Rs. 10 crore. The said writ application was disposed of on October 4, 1999. The respondents herein, subsequently, filed an application under section 340 of the Code of Criminal Procedure before the learned Single Judge alleging that the present appellant made various false statements and relied upon fabricated documents and letters with a view to induce the Writ Court to have an order in his favour.
(3.) Such application was opposed by the present appellant and ultimetely, a learned Judge of this Court after considering the respective submissions of the parties made the following observation : "I have heard the learned Advocates for the parties. I have perused the records and I am of the opinion that the allegations which have been made by Mr. Sarkar's client in this application, are serious in nature, and those have to be investigated properly. An ad interim order was passed in terms of Prayer (d) and the Registrar, Original Side was directed to keep the said original writ petition W. P. No. 1510(W) of 1999 in the safe custody. After analysing the facts it would be proper for me to pass an order in terms of Prayer (a) of this application and with a direction to complete the enquiry by the Registrar, Original Side within a period of a month from date and on enquiry if it appears that there are reasons to lodge a complaint against the writ petitioner/respondent (Dr. Subir Kumar Ghosh) before the Chief Metropolitan Magistrate, Calcutta. Registrar, Original Side is directed to lodge a complaint accordingly before the said learned Magistrate. Accordingly, there will be an order in terms of Prayers (a) and (b) and the interim order already passed in this matter stands confirmed.";