FALAUDDIN HAIDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present application under Sec. 482 of the Code of Criminal Procedure has been preferred for quashing of the complaint case, being C-1999 of 2018, under Ss. 199/200/211/499/500 of the Indian Penal Code, initiated by the opposite party no. 2 against the present petitioner, which is pending before the learned Chief Judicial Magistrate, Alipore.

(2.) Learned advocate for the petitioner Mr. Nauroj Rahber submits that the opposite party no.2 has initiated the aforesaid proceeding against the petitioner on some false, fabricated and concocted allegations only to create undue pressure upon him and to stop him from making agitation against the encroachment and illegal construction over the wakf Estate. He further submits that the allegation as alleged in the said complaint case being C-1999 of 2018 has no link with the ground reality and he filed the said complaint suppressing material fact in as much as the property in question at 7/H/3, MBG Lane have been leased out to the husband of opposite party no.2.

(3.) Mr. Rahber learned advocate for the petitioner further submits that the order of taking cognizance is bad in law in as much as accepting the totality of the allegations as contained in the complaint and other materials on record, the ingredients of Sec. 199/200/211/499/500 of the Indian Penal Code are not remotely satisfied and the said order of taking cognizance dtd. 7/6/2018 is cryptic and not sustainable and the said order is passed in routine and haste manner and without considering the circumstances of the matter and without appreciating materials on record. The said order of taking cognizance lacks application of judicial mind. He further submits that a person should not undergo harassment of litigation for a number of years although no case has been made out against him.