Debi Prosad Dey, J. - (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure for setting aside the order dated 12th February, 2015 passed by the learned Judicial Magistrate, 1st Court, Howrah in G.R. No. 3661 of 2010 whereby and where-under learned Magistrate has framed charge against the present petitioner for the offence under Section 420/406/468/120B of the Indian Penal Code.
(2.) Learned advocate appearing on behalf of the petitioner contends that the petitioners have been falsely implicated in this case and the petitioner is a bona fide purchaser of the land in question and they have paid the consideration amount of money. It is submitted that the petitioner has had no role to play in the alleged offence for forging any document or cheating of any person. Learned advocate for the petitioner further submits that the petitioner may be discharged from the case under reference.
(3.) Learned advocate appearing on behalf of the opposite party no. 2 submits that there was intentional delay in the investigation of the case and that is why the application was preferred before this High Court and pursuant to the direction given by this Court, the case ultimately has been culminated in charge sheet. Learned advocate for the opposite party no. 2 further draws the attention of the Court that one witness has been examined. In that view of this case, the present petition has become infructuous.;