NIRMAL KUMAR LUNAWAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners being accused in G.R Case No.300 of 2012 have preferred this revision under sec. 401 read with sec. 482 of the Code of Criminal Procedure 1973, praying for quashing of proceedings in G.R. Case No. 300 of 2012, arising out of Hare Street Police Station Case No. 90 of 2012 dtd. 24/1/2012 under Sec. 186/353/114 of the Indian Penal Code, pending before the Court of learned Chief Metropolitan Magistrate at Calcutta.

(2.) A brief profile of the case leading to this revision is that, on 24/1/2012 at about 10:A.M Mr. Sunil Kumar Agarwal, Deputy Director Income Tax Investigation Unit 1(3) Aayakar Bhawan Kolkata along with Mr. Satyacharan Naskar, ITO, Mr. Samir Kumar Shah, ITO and some other Inspectors went to the petitioners ' premises having their address as "Forum Builders Private Limited " at 4/1, Red Cross Place, Kolkata-700001 to execute a search warrant issued under Sec. 132 of the I.T. Act. The Income Tax Officials showed the search warrant to Mr. N.K. Lunawat and tried to enter the premises but the petitioner no.1 along with his staff members including Mr. Sudhakar Ayala Somayajula abused the Income Tax Officials in filthy language and manhandled them for the purpose of obstructing them from carrying out their official duty.

(3.) A written complaint was lodged by Mr. Sunil Kumar Agarwal, D.D Income Tax Investigation Unit on 24/1/2012, addressed to the Officer-inCharge Hare Street Police Station. On the basis of the written complaint, police registered Hare Street Police Case No. 90 dtd. 24/1/2012 under Sec. 186/353/114 of the Indian Penal Code against the petitioners. After completion of investigation police submitted charge sheet against the petitioners on 10/12/2013 under Sec. 186/353 and 114 of the Indian Penal Code. Learned Chief Metropolitan Magistrate took cognizance of the offence on 17/12/2013.