AMITAVA SEN Vs. STATE

JUDGEMENT

(1.) None appears on behalf of the petitioner.

(2.) One Amitava Sen, petitioner herein, has come up with an application before this Court under Section 482 of the Code of Criminal Procedure seeking to quash the proceeding of the Complaint Case No. C-30/2002, now pending before the Learned Additional Chief Metropolitan Magistrate, Calcutta alleging, inter alia, that one Maya Basak was an erstwhile tenant under the petitioner and after the death of their mother, the petitioner along with his brother became owners in respect of the premises in question in which Maya Basak was a tenant and since Maya Basak did not make payment of the monthly rents, the petitioner was forced to file a suit for eviction on various grounds including default before the Ld. 5th Judge, Small Causes Court and Maya Basak through her husband in a retaliatory move also filed a title suit before the City Civil Court, 3rd Bench, Calcutta and on 29.5.2001 secured an order from the aforesaid court whereby the petitioner was restrained from disturbing the peaceful possession of the plaintiff of that suit in the tenanted premise till 29.6.2001.

(3.) On 1.10.2001, Sachin Basak, husband of Maya Basak, as constituted attorney of Mrs. Maya Basak came to the house of the petitioner at about 5 p.m. and handed over the vacant and peaceful possession of the tenanted premises and in pursuance thereof, the restrained order passed by the Civil Court was vacated on 29.09.2001 and the concerned suit was withdrawn on 14.12.2001.