- (1.) In this criminal revisional application the petitioner challenged the legality and validity of the charge-sheet relating to the offence punishable under Sections 489A/489B/489C of the Indian Penal Code relates to G. R. Case No. 533 of 1997, now pending before the Learned Additional Chief Judicial Magistrate. Contai, arising out of Digha Police Station Case No. 20 of 1997.
(2.) Mr. Amartya Ghosh the learned Counsel appearing on behalf of the petitioner prays for quashing of the case on the following grounds; (a) It does not appear from the charge- sheet that there was any expert opinion that the seized currency notes in question are counterfeit. (b) The petitioner is innocent and no materials have been found during investigation that he had any knowledge that those currency notes were counterfeit. (c) There is no material to show that seized currency notes were recovered from the possession of the petitioner. (d) No materials to satisfy the requirements of basic ingredients of Section 498A of the Indian Penal Code that either the petitioner was engaged in manufacturing counterfeit notes or in the process of manufacturing. Lastly, it is submitted that if this Court finds that this is a fit case of quashing, in that case there may be a direction for expeditious conclusion of the trial and further the warrant of arrest which has been issued against the petitioner be stayed for some time so as to enable him to appear in the Court and to take necessary legal steps in that regard.
(3.) On the other hand, Mr. Joy Sengupta, the learned Counsel for the State produced the Case Diary and submitted evidentiary materials collected against the petitioner during the course of investigation, prima facie establishes that the counterfeit notes in question were seized from the possession of the petitioner and it is he who tendered the notes to the shop-keeper for purchasing of cashew nuts. However, Mr. Sengupta, in his usual fairness submitted that there are no materials to show that the petitioner either engaged in manufacturing of the forged notes or in the process of manufacturing it. Lastly, Mr. Sengupta submitted that he has no objection, if there is a direction for expeditious conclusion of the trial and if the warrant of arrest is stayed for some time with a direction to the petitioner to surrender in the Court below.;