ATASHI BARUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure praying for quashing of proceedings being complaint case No. 4426/2002 (T.R. 1936/2002) under Section 380/457/427 of the Indian Penal Code and all orders passed therein including the order dated August 14th, 2012 passed by the Additional Sessions Judge, 2nd Court, Alipore, South 24 Parganas, thereby dismissing criminal motion No. 407/2011 and affirming orders dated February 25th, 2011 and June 16, 2011 passed by the learned Judicial Magistrate, 8th Court, Alipore, South 24 Parganas.

(2.) THE opposite party No. 2 Satyajit Roy filed one complaint before the Court of learned Sub Divisional Judicial Magistrate at Alipore being No. C. 4426/2002 against the present petitioners alleging that he runs "the institute of export management " situated at 46/2, Gariahat Road, Top Floor, Kolkata – 700029 under P.S. Gariahat. The opposite party No. 2 is a tenant in respect of three bed rooms including toilet on the top floor of the said premises under petitioner Nos. 1 and 2. It is alleged that there is a dispute between the parties over the said tenancy right and the petitioner are trying to vacate the said premises by creating pressure on the opposite party No. 2. On August 20, 2002 when the opposite party No. 1 along with witnesses Nos. 1, 2 and 3 as mentioned in the complaint came to the office and found that petitioner No. 1 with the help of petitioner No. 2 and 3 with an ulterior motive have fixed an iron gate locked the same from inside as they cannot enter into the room which are in their possession. The witness No. 1 – 3 of the complaint came and thereafter the opposite party NO. 2 went to P.S. and lodged a written complaint. One S.I. came at the place of occurrence along with others and asked the present petitioners to open the padlock and thereafter the opposite party No. 2 could enter into the tenanted portion and found that some articles are lying in the room of the opposite party No. 2 and other valuable articles are missing worth Rs. About 1.5 lakhs. The chamber of the opposite party No. 2 was bolted from inside and after opening the said chamber it was found that the said room was ransacked. The opposite party No. 2 made an inventory of the loss and damaged articles and submitted a written complaint before Police. The police did not investigate into the matter. Thereafter the opposite party No. 2 filed the complaint before the learned Sub Divisional Judicial Magistrate at Alipore against the present petitioners alleging commission of offence under Section 380/446/448/453/457/427/34 of Indian Penal Code.

(3.) CONSIDERED the submissions of learned Counsel Mr. Utpal Ghosh appearing on behalf of the opposite party No. 2 and also considered the provisions as laid down under Section 482 and 401 of the Criminal Procedure Code as well as the provisions under Section 380/457/427 of the Indian Penal Code. It appears that the proceeding being complaint case No. 4426 of 2002 is at the stage of framing of charge. Learned Judicial Magistrate, 8th Court at Aliproe being satisfied with the prima facie case of the complainant and basing upon the materials on record vide order dated February 25, 2011 and after hearing both sides, fixed June 16, 2011 for consideration of charge and rejected the petition filed by the present petitioners praying for discharging them from the case.