SANKAR CHANDRA GHOSH Vs. ROOPRAJ S BHANSALLY

JUDGEMENT

(1.) THESE two applications have been filed under sections 4011 and 482 of the Code of Criminal procedure. Criminal Revision 1408 of 11380 is for quashing a proceeding being c. Case No. 2050 of 1980 under section 341 of the Indian Penal Code. In the said proceeding by order dated 5. 7. 80 the learned Sub Divisional Judicial Magistrate, alipore issued process against the petitioner under section 341 of the Indian Penal code.

(2.) CRIMINAL Revision 1501 of 1980 is for quashing proceeding being C. Case No. 750 under sections 341 and 380 of the indian Penal Code pending in the, court of the Sub-Divisional Judicial Magistrate, Alipore In this proceeding, the learned magistrate after receipt of the report of the police officer under section 202 of the Code of Criminal Procedure allowed the complainant's prayer for judicial enquiry and fixed 27. 11. 80 for further evidence.

(3.) WE shall first take up criminal revision 1408 of 1980. The proceeding, namely, C. Case No. 2050 of 1980 was started on a petition of complaint filed by the opposite party No. 1 against the petitioner complaining that the petitioner had committed an offence under section 341 of the indian Penal Code. The details of the allegations have been narrated in paragraph 5 of the petition of complaint. It has been stated that on 25. 5. 80 at about 8. 30 p. m the accused No. 1 locked one of the door leaves of the main entrance gate of the [petitioner's tenanted premises thereby wrongfully restraining the petitioner and the members of his family from entering the tenanted premises. The accused No. 2 with the servant of the accused No. 1 had been constantly standing and occasionally sitting along with the accused No. 3 and they had been wrongfully restraining the petitioner and his family members.