RADHA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding in Criminal Case no. 1132 of 2006 pending in the Court of learned Judicial Magistrate, 6th Court, Alipore, has been taken out by Radha Dutta and Subhashis dutta, the persons made accused in the case, on the following grounds :

(2.) On 18.3.2006, Shankar Chakraborty, Assistant Manager of S.T.P Ltd., lodged one petition of complaint against the petitioners Smt. Radha Dutta and Subhasish Dutta in the Court of learned Chief Judicial Magistrate, Alipore praying for prosecuting the petitioners herein under Section 430/120B of the IPC. The said petition of complainant was registered as complainant case no. 1132 of 2006. It was alleged therein that Sankar Chakraborty, the complainant was the lawful tenant in respect of the Flat situated at the First Floor of premises no. 26/3, Ballygunge Circular Road, Kolkata 19 and was paying rent regularly in the office of District Judge, Alipore in connection with Ejectment Suit no. 105 of 2003, pending in the 1st Court of learned Civil Judge, Junior Division at Alipore. The petitioners herein were the Joint owners of the premises and landlord of the complainant. During pendency of the Civil Suits, the petitioners indulged themselves in various illegal and unlawful activities in an around the tenanted Flat and thereby caused disturbance, annoyance, interference or obstruction with the peaceful occupation of the complainant company. They also diminuted the supply of municipal corporation filter water to the tenanted flat of the complainant with a view to evict the complainant therefrom. It was also alleged that on and from 27.1.2006 the petitioners (accused) with mala fide intention diminuted supply of filter water to tenanted portion of the complainant and thereby put the complainant in gross sufferance of acute crisis of water. Despite request from the complainant, the petitioners did not restore the water supply. The matter was reported to local police station on 27.1.2006 and thereafter on 13.2.2006. The petitioners (accused) in collusion with each other, committed mischief by way of maneuvering some fittings attached or fitted to the delivery pipe line to the complainant tenanted flat knowing fully well that by doing such act, they caused diminution of supply of filter water used for cooking, Drinking, cleaning etc.

(3.) Upon receiving the said petition of complainant, learned Chief Judicial Magistrate at Alipore have taken cognizance of the same and transfer the case to the 6th Court of learned Judicial Magistrate, Alipore under Section 192 (2) of Cr.P.C. for disposal. The learned Magistrate, upon receiving of the case from the learned Chief Judicial Magistrate, recorded initial statements of the complainant and one witness. However, the learned Magistrate, thought it proper and wise to postpone issuance of process and directed enquiry under Section 202 of the code by the local police station. After receiving the said report under Section 202 of Cr.P.C. from the local police station, the learned Magistrate found himself not satisfied about the way in which the matter was enquired into and directed the officer-incharge of the police station to enquire into the matter properly and submit a report afresh. After having the fresh report and upon consideration of the averments in the petition of complainant and initial deposition of the complainant and one witness, the learned Magistrate found that there existed sufficient materials to proceed against the present petitioners under Section 430 of I.P.C. Accordingly, the learned Magistrate directed issuing of process invoking the provisions of Section 204 of Cr.P.C. The accused persons have come up with this application praying for quashing of the proceeding on the grounds already mentioned.