SUKUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under Sec. 482 of the Code of Criminal Procedure 1973 has been filed praying for quashing of the FIR in connection with Jangipara Police Station Case No. 93 of 2017 dtd. 24/4/2017 under Sec. 188/34 of the Indian Penal Code in G.R. Case No. 965 of 2017. The petitioners case herein is that the Opposite Party no. 2 lodged a false complaint before the Officer in-charge, Jangipara Police Station, Hooghly against the petitioners on 19/4/2017. The complaint of the Opposite Party no. 2 was to the effect that they are the legal heirs of Late Ghanteswar Ghosh and are residing in their joint property at Bhimpur and that the petitioners were constructing their house forcibly, inspite of an injunction order passed by the Hon'ble High Court, Calcutta in C.O. no. 2439 of 2016 and Title Suit No. 257 of 2016. The Opposite Party no. 2 further stated that on the basis of the said complaint construction was stopped but subsequently the petitioners again started constructing the building. Police came to the spot and stopped the illegal construction. But on departure of the police the petitioners again started the construction and on that night they completed the roof of the said construction. As such the said complaint was filed on 19/4/2017, on the basis of which Jangipara P.S. Case no. 88 of 2017 was started under Sec. 188/34 of Indian Penal Code against the petitioners.

(2.) Mr. Prasanta Kumar Banerjee, learned Advocate appearing on behalf of the petitioners, submits that Sec. 188/34 of the Indian Penal Code is not applicable in the present case as the ingredients required to constitute the said offence is not found in the complaint before the police.

(3.) It is further submitted that the petitioners and the O.P. no. 2 are brothers and sons of Late Ghanteswar Ghosh and that the O.P. No. 2 Samir Kumar Ghosh filed a suit being Title Suit No.68 of 2015 against the petitioners who are the defendants in the said suit for injunction and the said matter ultimately came up before the Hon'ble High Court at Calcutta being C.O. No. 2439 of 2016 and the Hon'ble High Court by its order dtd. 28/3/2017 was pleased to direct the parties to maintain status quo as on the date of the suit in respect of the possession over plot no. 978 till disposal of the application.