PRABIR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision has a chequered history. It also demonstrates that how pendency of a criminal proceeding before the High Court for about 22 years incurred hardship of the accused/petitioner.

(2.) The petitioner came up before this Court by filing an application under Sec. 482 of the Code of Criminal Procedure on 29/9/2000 challenging an order dtd. 4/6/1999, passed by the Judicial Magistrate, 1st Court at Alipore taking cognizance of offence under Ss. 420/406 of the Indian Penal Code on the basis of charge sheet No.102 dtd. 16/3/1999.

(3.) The dispute appears to be a fight between the intending purchaser and the seller of a flat on the allegation made by the de facto complainant/opposite party No.2 that the petitioner in spite of acceptance of consideration money did not transfer a flat constructed by him as a Promoter. On the basis of such complaint, police registered Behala Police Station Case No.704 dtd. 18/9/1998 and charge-sheet was submitted on 16/3/1999 under Sec. 420/406 of the Indian Penal Code.