Ashim Kumar Roy, J. - (1.) This is a Criminal Revisional application, where the petitioner challenged the order passed by the learned Sub-Divisional Judicial Magistrate, Alipore rejecting the petitioner's prayer for further investigation and accepting the fine report in connection with an offence punishable under Section 420/468/467/ 471 of the Indian Penal Code relating to the Jadavpur Police Station Case No. 206 dated July 6, 2003 and thereby discharging the accused/opposite party from the said case.
(2.) The brief facts of this case are as follows "On July 6, 2003, the petitioner herein made a complaint in writing to the officer-in- charge, Jadavpur Police Station that he is the father off children, of which his son Md. Sazid alias Vikki aged about 6 years and three daughter Sabba Parvin alias Sabba aged about 12 years, Reema Parvin aged about 9 years and Fiza Parvin aged about 2 years. All the said children were residing together with their parents. On June 27, 2003 at about 2.00 P.M. the accused Sonali Chowdhuiy, nee Dasgupta, of 130, Sreerampore Road, Jadavpur came to his house and told him that she intended to take his children Md. Sazid and Sabba to Zoo. When the complainant in good-faith agreed to her proposal an; allowed his two children to go with her. The said Sonali Chowdhury, claiming herself to be a social worker frequently used to visit their Basti and used to take children to differ; places and on such faith she was permitted by the complainant to lake his said children with her. However, on the very next day in a widely circulated Bengali daily news paper viz., Ananda Bazar Patrika, issue dated June 28, 2003, in the front page at the top, the complainant found a photograph of his too children Md. Sazid and Sabba and two other children in the midst of the hindi film actor Hritick Roshan and he further found a news item just below the said photograph describing those children as thalasemia patients. The said two children of the complainant were healthy an; none of them were ever suffering from thalasemia. Immediately, having seen the said photograph the complainant contacted her and asked what were happening, at this she denied any complain against her and told she had sufficient false and forged documents to show that the said children were suffering from such disease of thalasemia. It is the further case of the complainant that the accused Sonali Chowdhury for her wrongful gain cheated the complainant and wrongfully prepared false and forged documents to harm and humiliate the complainant and his children socially. The accused Sonali Chowdhury knowing fully well that his two children are not thalasemia patients, she wrongfully and intentionally prepared forged documents to support her claim that they were thalasemia patient for her wrongful gain from different charitable societies. It was further alleged that the said Sonali Chowdhury initially was carrying on business of fast food and after started working as a social worker had acquired several properties and started leading a lavish life.
(3.) Upon receipt of the complaint from the petitioner herein, the police recorded the FIR and registered a case and commenced investigation. In course of investigation the police arrested the accused/opposite party Sonali Chowdhury, who was subsequently released on bail.;