RAJENDRA KUMAR RATHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application Mr. S.K. Bhattacharya learned Counsel for the petitioner submits that the instant case has been initiated against the present applicants/petitioners through a petition of complaint filed by the opposite party No.2 herein before the Learned Chief Metropolitan Magistrate, Calcutta. By Order dtd. 13/9/2018, the Learned Chief Metropolitan Magistrate, Calcutta was pleased to take cognizance of the same and transferred the instant case to the Learned Metropolitan Magistrate, 6th court, Calcutta for enquiry and disposal. The Learned Metropolitan Magistrate, 6th Court in complainant Case No. 82645 of 2018 was pleased to examine the opposite party no. 2 herein under the provisions of Sec. 200 of the Code of Criminal Procedure and by his Order dtd. 28/11/2018 was pleased to issue process and summons against the applicants/petitioners.

(2.) The allegations against the applicants/petitioners as made out from the petition of complaint and the deposition under Sec. 200 of the Code of Criminal Procedure, in gist is that the applicants/petitioners entered into a criminal conspiracy to oust the opposite party no. 2 from the premises being Nos. 6A and 6B, Pretoria Street, Kolkata - 700071, where they are the rightful tenants. It was further alleged that the applicant/ petitioner no. 1, being the elder brother of the sole proprietor of the opposite party no. 2 had fraudulently and surreptitiously, in order to trespass into the said premises, represented himself as the sole proprietor of the opposite party no. 2 and secured a surrender of tenancy from the other tenant in respect of 4(four) rooms in the said premises. It was further alleged that failing in his attempt to gain access over the said premises, the applicant/petitioner no.1 falsely and fraudulently executed a deed of lease with the applicant/petitioner no. 5 in respect of a portion of the premises being 6A, Pretoria Street, Kolkata - 700071. It was thus alleged that in such manner the applicants/petitioners were acting in connivance and conspiracy with one another to oust the opposite party no. 2 and his family members from the said premises.

(3.) On receiving summons form the Learned Metropolitan Magistrate, 6th Court, Calcutta, the applicants/petitioners appeared before the Learned Court, surrendered and got an order of bail.