USHIAR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-in-opposition filed in Court today on behalf of the opposite party No. 2 be kept with the record. Copy is served on the petitioner. On 14.05.07, Dilip Samanta, the opposite party No. 2 filed the petition of complaint in the Court of learned Chief Judicial Magistrate, Purba Medinipore at Tamluk against the petitioner Ushiar Rahaman alleging therein that he purchased one motor-cycle from the petitioner at Rs. 12,000/-out of which he paid Rs. 11,000/- on 21.10.2004 and took over possession of the same along with the documents of the motor-cycle. The opposite party have been using the motorcycle since then. He requested the petitioner to get the vehicle registered in his name. On assurance of the petitioner he waited till 2006 and returned the original documents to the petitioner for the purpose of getting the vehicle registered by the petitioner. The petitioner, however, did not make any effort to register the vehicle in the name of the opposite party No. 2, Dilip Samanta. On the contrary, he by lodging a false case under. Sections 342/ 323/ 379 of the Indian Penal Code against the opposite party, took over possession of the motor-cycle with the help of the police. The criminal action initiated by the petitioner was entirely false and frivolous, in fact, the petitioner defrauded the opposite party and thereby deceived to pay Rs. 11,000/- which he declined to return afterwards on his failure to get the vehicle registered in the name of the opposite party.

(2.) The petition of compliant was not sent to the police station under section 156(3) of the Code of Criminal Procedure although a pray was made to that effect. The learned C. J. M., Purba Medinipore, Tamluk opted to make enquiry into the matter himself and recorded initial statement of the complainant and one witness and thereafter had taken cognizance of the offence under section 420 of the Indian Penal Code against the present petitioner. Process was issued against him under section 204 of the Code. The petitioner being the accused in that case has come up with this application praying for quashing of the proceedings, mainly, on the following grounds :--

(3.) A short reference to the factual aspect is required to be given for the proper appreciation of the matter.