LAWS(CAL)-2023-9-41

RAMAN SAHA Vs. STATE OF WEST BENGAL

Decided On September 05, 2023
Raman Saha Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This revision application preferred with a prayer for quashing the proceeding pending before Additional Chief Judicial Magistrate, South 24 Parganas, at Alipore in connection with Patuli PS Case No. 139 of 13 dtd. 9/3/2013 under Sec. 406/420/120B of the Indian Penal Code.

(2.) Directors of Prakh Realtors Private Limited put the law in motion by lodging one written complaint before the officer in charge of Patuli Police Station alleging, inter alia, that premises no. 158, N.S.C Bose Road, having single entrance, divided into LOT-A, LOT-B, LOT-C and LOT-D. The complainant Company is the owner of 50% share in the land measuring 10 Cottah, 1 Chittak, 25 sq.ft together with Dwelling House in LOT-A and also land measuring 7 Cottah, 13 chittak and 8 sq.ft in LOT-C in respect of premises mentioned above. Remaining 50% of LOT-A together with first floor Dwelling House and also a piece of land of LOT-B are owned by Shyam Sundar Goenka i.e. opposite party no. 4.

(3.) In the year 1993 both Prakh Realtors Private Limited and Shyam Sundar Goenka entered into a Development Agreement along with Directors of Swastic Aawas and Developers Private Limited, which was cancelled subsequently and several litigations and arbitral proceedings are pending between the parties.