GHANSHYAM DAS KANKANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision application challenged the proceeding of GR Case No. 2469 of 2016 arising out of Hare Street Police Station Case No. 647 dtd. 18/12/2016 under Sec. 120B, 448, 453, 380, 506, 509, 427,188 of the Indian Penal Code with a prayer for quashing the same.

(2.) The proceeding was initiated by a written complaint submitted by private opposite party no. 2, Sujata Ghosh, claiming herself to be the owner of the shop number 106 /108 in the T. Sur and Company situated at Vhikhanchand Market, ground floor, 14/2 old China Bazar Street, Kolkata-700001 under Police Station Hare Street alleged that on 8/12/2016 Raju Singh, Ramchandra Rout and Mr. Ghanshyam Das Kankani (petitioner) had broken the padlock of her two shop rooms. At that time, she went to bring her daughter from school. She came over there at about 12.15 and found huge gathering in front of her two shops. He saw Raju Singh and Ramchandra Rout were standing over there. She protested but they replied that they had been there to take possession of the rooms on behalf of Ghanshyam Das Kankani, owner of the shops. But, they could not produce any document of ownership. It was further alleged that several litigations are pending between the parties and she obtained injunction order in her favour in Title Suit No. 880 of 2012 pending before XIII Bench, City Civil Court, Calcutta. They also abused her in filthy languages.

(3.) On receipt of that complaint Hare Street Police Station Case No. 647 dtd. 8/12/2016 was started.