TAPAN KUMAR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding of G.R.(S) Case No. 1207 of 2018 arising out of Hare Street Police Station Case No. 238 dated August 30, 2018 under Sec. 338 of the Indian Penal Code, 1860 pending before the Court of the Learned Chief Metropolitan Magistrate at Calcutta.

(2.) The petitioner's case is that the instant proceeding was instituted on the basis of a First Information Report lodged by the opposite party no. 2 herein with the Officer-in-Charge of Hare Street Police Station therein alleging that 'Owners/Promoters/Managers and others of Mercantile Building situated at 9/12, Lalbazar Street, Kolkata - 700 001 did not take proper care of maintenance of the building and neglected the repairing work of the said building as a result of which a chunk of concrete fell upon the opposite party no. 2 and he sustained grievous injury on his person.

(3.) Accordingly the instant proceeding being Hare Street Police Station Case No. 238 dated August 30, 2018 was registered for investigation under Sec. 338 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').