Ramendra Nath Manna vs Ganesh Chandra Mondal
2022 Latest Caselaw 2852 Cal

13.05.2022                IN THE HIGH COURT AT CALCUTTA
Item No.24                 CRIMINAL APPELLATE JURISDICTION
Ct.No.34
   dc.
                                     C.R.A. 272 of 1985

                                 Ramendra Nath Manna
                                          versus
                                 Ganesh Chandra Mondal


             Mr. Saryati Datta                    ... For the Appellant.

             Mr. Arijit Ganguly,
             Mr. Sanjib Kumar Dan                 ... For the State.



                     Records of this appeal reflect that the accused Ganesh

             Chandra Mondal was acquitted of the charges under Section

             420 of the Indian Penal Code and being aggrieved, the

             present appellant approached this Court under Section 378

             of the Code of Criminal Procedure. This Court was pleased to

             admit the appeal after granting special leave on 26.07.1985.

                     As none appeared on behalf of the appellant, Mr.

             Saryati Datta, learned advocate, empanelled with High Court

             Legal    Services   Authority       is    directed   to   represent    the

             appellant. His appointment may be regularized by the

             concerned authorities.

                     None appeared on behalf of the State. As such, Mr.

             Arijit Ganguly, learned advocate, who ordinarily appears for

             the State, is directed to appear in this matter and represent

             the State. His appointment may be regularized by the

             concerned authorities.

                     Record    reflects   that    on     umpteen       occasions,   the

             department       made    efforts    for    communicating       with    the

             concerned parties and it reflects that the last of the report
                            2




dated    27.11.2018   so       prepared    by    the   Superintendent

(Criminal Section), High Court (A.S.), Calcutta is that the

appellant has left the address and the respondent expired

during the pendency of this appeal.

I have considered the reasons assigned by the learned

Judicial Magistrate which reflects that the P.W.-1 and P.W.-2

were fully aware regarding the preparation of the documents

and that the property belonged to a minor and being aware

regarding the same compelled the respondent/accused

Ganesh Chandra Mondal to execute such documents. The

court thereafter considering the evidence and the

surrounding circumstances was of the opinion that the

prosecution has failed to prove its case under Section 420 of

the Indian Penal Code against the respondent/accused

Ganesh Chandra Mondal.

Having regard to the reasons so assigned by the

learned trial court for acquitting the respondent, I am of the

opinion that no interference is called for in respect of the

judgment and order dated 17.12.1984 passed by learned

Judicial Magistrate, 4th Court, Alipore in Complaint Case No.

C-4250 of 1978 (T.R. Case No. 620 of 1979).

Accordingly, the appeal being CRA 272 of 1985 is

dismissed.

Lower court records be sent down to the learned court

below immediately.

Department is directed to communicate this order to

the learned court below.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)