PRASENJIT SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred for setting aside the impugned order dtd. 29/8/2018 passed by the learned Chief Judicial Magistrate, Hooghly in C.R. case no. 426 of 2014.

(2.) The gist of the allegation made in the petition of complaint is to the effect that the accused persons in collusion and in connivance with each other conjointly disturbed the peaceful possession of the land and property belonging to the petitioner situated at premises no. 627, Dharampur Halderbagan, Near Gangatala, P.O and P.S. Chinsurah, District-Hooghly in order to grab the land allotted to the father of the petitioner by the Refugee Relief and Rehabilitation Department. It is contended that on 5/3/2014 and 8/3/2014 at about 8 A.M., the accused persons wrongfully trespassed into the property of the complainant, broke the boundary wall on the eastern side, cut down the live trees, damaged fencing and broke the tiles by throwing brick bats. Again on 13/3/2014 at about 12 P.M., accused persons committed the same offence and looted away the household articles for which the complainant lodged a general diary being G.D.E no. 1650 dtd. 13/3/2014. Local police station refused to register the complaint for which a copy of complain was sent by registered post to the higher authority but since no steps were taken by the police authorities, the instant complaint was lodged under Sec. 200 of the Code of Criminal Procedure before the Ld. Chief Judicial Magistrate, Hooghly at Chinsurah against the accused persons. Accused/opposite party No. 2 to 11 are public servant and rest opposite parties/accused are not public servant.

(3.) On receipt of the complaint, the ld. Chief Judicial Magistrate was pleased to take cognizance upon the offence and transferred the case record to the court of Judicial Magistrate, 5th Court, Hooghly for disposal.