BISWAJIT GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The impugned order dated 17th August, 2020, passed by learned Chief Metropolitan Magistrate, Kolkata in complaint case no. C-44 of 2020, rejecting the application under Section 156(3) Cr.P.C. is subject of challenge in this revisional application.

(2.) Learned advocate for the petitioner, Mr. Dutta, submitted that private opposite parties no. 2 to 3 had misused their official position with culpable intention by manufacturing fictitious record of right i.e. by creating new khatian in the name of petitioner in connection with mutation proceeding before the Block Land and Land Reforms Officer, Bardhaman-II, Barsul, and Revenue Officer, Bardhman-II, Barsul, Purba Bardhaman, respectively, which ultimately turned out to be fictitious, false, fabricated causing huge financial loss and prejudice to the petitioner.

(3.) Assailing the impugned order, learned advocate for the petitioner contended that since the victim/petitioner had his office situated within the territorial jurisdiction of learned Chief Metropolitan Magistrate, Kolkata, petitioner could very well institute a case seeking redressal under Section 156(3) Cr.P.C. being a victim of circumstances.