NIBIR DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings being Garfa P.S. Case No. 314 of 2019 dtd. 28/7/2019 corresponding to ACGR No. 3478 of 2019 under Ss. 509/323/324/114 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Alipore, 24 Parganas.

(2.) The petitioner's case is that Ruchira Residency Apartment Owners' Association (RRAOA) is a registered Apartment ownership Association of 576 Members/Flat owners. There are 576 flats in 8 (Eight) Towers each comprising 72 flats of uneven measurement and there is a Board of Managers duly elected in the Annual General Meeting in terms of the provisions of West Bengal Apartment Ownership Act, 1972 and the Rules framed thereunder. The present strength of the Board of Managers is 24. Shri Nibir Dasgupta is the president of the RRAOA.

(3.) Sri Amitava Chakraborty is the owner of Flat No. 5/2, Tower ' 6 and is a member of the Association.