SUBHAS CHANDRA MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant application under section 401/482 Cr, PC three petitioners have prayed for quashing of the proceedings in complaint case No. 6384 of 2007 under section 420/406/506/ 120B IPC now pending before the IXth Court of learned Metropolitan Magistrate, Calcutta including order dated 03.04.2007 and 05.04.2007. It is contended by the petitioners that OP No. 2 Sankar Singh lodged a false complaint against them stating, inter alia, that the complainant is a practising lawyer of this Hon'ble Court and Courts subordinate thereto having his chamber at 10, K.S. Roy Road, 2nd Floor mezzanine, Kolkata - 700 001 and also at 21, Old Court House Street, Kolkata - 700 001 and is a resident of 8, Ram Chandra Sett Road, 4th Floor, Flat No. 404, P.S. Shibpur, Howrah. Accused Nos. 1 to 3 are his neighbours residing in the same premises at his above residential address. Accused No. 1 is a Doctor and accused No. 2 is his wife while accused No. 3 is the daughter of the accused No. 1 and accused nos. 4 and 5 are relatives of accused Nos. 1 to 3.

(2.) As a physical patient the complainant was under treatment of different doctors and in course of his treatment he came across with accused No. 1 and ultimately family relation grew up with accused Nos. 1 to 3. On good faith the complainant allowed the accused No. 3 to join his chamber at 10, K.S. Roy Road, 2nd Floor, Mezzanine, Kolkata - 700 001 as a part-time computer operator from the month of July, 2005. He also gave Rs. 50,000/- in cash at his chamber to accused No. 3 for payment of her fees to prosecute her studies in presence of his clerk Prahallad Singh and Sukanta Mondal. Thereafter, the accused No. 3 stopped coming to his chamber and ultimately on 03.12.2005 accused No. 3 intimated over phone that she was not inclined to work as computer operator but remained silent regarding refund of the said Rs. 50,000/-.

(3.) Moreover, on allurement of better treatment complainant gave a sum of Rs. 25,000/- in cash to accused No. 1 on 02.11.2005 at his place of residence for minor operation over the right posterior part of his skull. Thereafter they refused to keep up their promise and shifted their residence from 8, Ram Charan Set Road, P.S. Shibpur on or about 03.11.2005 and no further contact with them was possible. Accused No. 3 then was trying to leave India to prosecute her studies abroad. However, contact was made with accused No. 1 at his shifted residence at 42, Kali Kundu Lane, First floor No. 1-D, Howrah where complainant was treated on 24.04.2006 by accused No. 1, But complainant realised that accused No. 1 was really not a competent doctor for brain treatment. Then he lodged a complaint with the Officer-in-Charge, Howrah PS by his letter dated 29.04.2006 which was received on 03.05.2006. As the accused persons threatened him of dire consequences he lodged another general diary being G.D. No. 1288 dated 12.04.2006. Their subsequent reconciliation efforts were futile for which the complainant was lodged on which learned Chief Metropolitan Magistrate, Kolkata took cognizance on 03.04.2007 and issued process against the petitioners which is now assailed.