KANTA AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure filed by the petitioners seeking quashment of proceeding in G.R. 1352 of 2023 arising out of Matigara P.S. case no. 308 of 2023 dtd. 22/4/2023 registered under Sec. 465/468/471/420/120B of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Siliguri.

(2.) Briefly stated, the opposite party no. 2 Basanta Singh @ Tinku Singha set the criminal proceeding into motion by informing the officer in charge of Matigara P.S. in writing that he purchased a plot of land having total area of 4.09 acres by two separate deed vide no. 754 and 756 for the year 1985 comprising R.S. Plot No. 401 to 412 corresponding to LR. No. 601 and 602. He sold land measuring about 2.39 acres in the year 1990 to one Md. Nadim vide deed no. 4185 of 1990 and also he sold 0.62 acres to Jafar Iqbal by registered deed of sale vide no. 4184 for the year 1990. He did not sell any land measuring about 1.08 acres comprised in Rs.plot no. 401 to 412 to any persons but out of the said 1.08 acres of land 0.54 acres is unlawfully recorded in the LR Khatian No. 1635 under LR Plot No. 601 in the name of Suhani Sales Private Limited.

(3.) After searching the office of ADSR, Siliguri-II the complainant came to know about three purported, fabricated and forged registered deed of sale being no. 7257, 7258 and 7259 for the year 2014, executed by Sri Sujit Kumar Raha in favour Suhani Sales Private Limited, Smt. Kanta Agarwal wife of Suresh Agarwal is one of the directors of the said company. Suhani Sales Pvt. Ltd. through its directors, men, agents and associates committed the forgery and made an attempt to dispossess the informant and they have started repairing the boundary walls given by the informant over his property. When the informant on 13/4/2023 voiced protest he was abused and assaulted. On the basis of such information Matigara P.S. Case no. 308 of 2023 was registered.