SUSMITA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of proceedings in connection with Charge Sheet being Charge Sheet No. 39 dtd. 28/02/2014 under Ss. 341/506/34 of the Indian Penal Code against the petitioner and arising out of Jagacha Police Station Case No. 470/2013 dtd. 30/12/2013 under Ss. 323/341/354/506/34 of the Indian Penal Code, corresponding to G.R. Case No. 9672 of 2013, and all orders passed therein, now pending before the Learned 4th Judicial Magistrate, Howrah.

(2.) The petitioner's case is that the Opposite Party No. 2 and other members of her family picked up a quarrel with the family of the petitioner and over the said issue, there was a commotion between the two families on 02/08/2013 and the late grandmother of the petitioner namely Jyotiprabha Chakraborty lodged a First Information Report at Jagacha Police Station which was registered as Jagacha Police Station Case No. 269/2013 dtd. 03/08/2013 alleging therein "That the informant is the co-owner of the premises situated at B-4, Royal Jyoti Residency, 68, Subinoy Ghosh Sarani, Jagacha, Howrah and the co-owner of a lift situated in the aforesaid building. Since 23/04/2013 the lift facility of the said lift had stopped and due to that the informant and other flat owners were facing serious trouble, the informant being an octogenarian.

(3.) On 02/08/2013 in the morning at about 11.30 a.m. the representative of the Laser Elevator Pvt. Ltd. had come to the said flat for restoration/repair of the lift but at that time one of the flat owner namely Suman Kr. Ganguly resisted the representatives of the elevator company and he refused to hand over the key of the lift to the representatives of the elevator company. As a result the lift could not be repaired. The said accused person also abused the son of the informant and the representative of the elevator company and also assaulted the son of the informant by kicks and blows and the accused persons also snatched the mobile phone of the informant's son worth Rs.5000.00 and also money worth Rs.5000.00".