SUDIP GUIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred for quashing of the proceeding being G.R. No.360 of 2019 arising out of Chanditala Police Station Case No. 85 of 2019 dtd. 26/2/2019 under Ss. 143/341/323/307/354B/427/379 of the Indian Penal Code and also order dtd. 7/8/2019 by which cognizance of the offences has been taken by the Magistrate in view of the charge-sheet submitted on 30/3/2019.

(2.) Petitioners contended in this revisional application that the predecessors-in-interest of the present petitioners filed a suit for eviction of licensee against one Champa Rani Das and others and their predecessors-in-interest, before the Civil Court and the suit was ultimately decreed and the said decree was put in execution. The judgement-debtors tried to obstruct the execution of the decree taking various illegal measures and in spite of repeated defeats the judgement-debtors did not allow the court bailiff to execute the writ of possession in respect of decreetal property. Subsequently, the judgement-debtors have set up the opposite party no.2, who filed a fraudulent civil suit against the predecessors-in-interest of the present petitioners. The said opposite party no.2 being the set-up lady of the judgement-debtor, did not stop to harass and humiliate the present petitioners, who are the reputed government employees and thereby lodged complaint before the Officer-in-Charge, Chanditala Police Station on frivolous allegations being Chanditala Police Station Case No.85 of 2019 dtd. 26/2/2019 under Ss. 143/341/323/ 307/354B/427/379 of the Indian Penal Code.

(3.) On apprehension of arrest the present petitioners prayed for anticipatory bail and the learned Sessions Judge finding that there is no material to implicate the present petitioners, granted anticipatory bail.