RABI KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against the order dated 30/08/1944 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in G.R. Case No. 1282/85 (T.R. 82/87) under which he framed charge against the accused persons of that case (the present petitioner Ravi Kumar Agarwal being one of them) under Sections 457, 380 and 120-B of the IPC. being aggrieved by this order the accused Ravi Kumar Agarwal, the present petitioner has preferred this revisional application challenging the said order as illegal and unsustainable.

(2.) Mr. Roy, learned Advocate for the petitioner has contended that the learned Magistrate overlooked the fact that the prosecution had failed prima facie to prove that the de facto complainant was in possession of the disputed room or the disputed furnitures and fixtures thereof at the relevant time and unless this major ingredient of offence of theft is prima facie proved the charge under Sections 380 and 467 cannot be framed.

(3.) In order to examine whether the above submissions of Mr. Roy has got any foundation I have scrutinised the documents under S. 173, Cr. P.C., that is, the 161 statements and the other documents seized or collected by the Investigating Officer during investigation under provisions of the Cr. P.C. on the basis of which the Court below framed the charges. It appears from the 161 statement of the witnesses examined by the I.O. that they found the accused persons to possess the disputed room including the furnitures. So far as the documents are concerned, Mr. Chatterjee has drawn my attention to a deed styled as deed of transfer dated 27/02/1981 and he claimed that by virtue of the deed the de facto complainant, Mr. Bijoy Kumar Thakkar, sole proprietor of M/s. Fulgent and Co. got his sole proprietorship from the erstwhile proprietor, namely, Mr. Y. Husing Liu. On examination of this deed of transfer I find that it is an unregistered one and it of course contains the various terms under which the said Bijoy Kumar Thakkar became the owner and proprietor of the said business namely M/s. Fulgent and Co. and also the shop room at premises No. 2/1 Ho-chi-min Sarani in dispute in respect of which the said vendor was a monthly tenant under the Credit Union Co-operative Enterprises at a rental of Rs. 300 per month.