TOKA BOY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An application under Sec. 482 of the Code of Criminal Procedure,1973 has been filed for quashing G.R. Case No. 3197 of 2018 under Ss. 188/ 447/ 427/ 506/ 34 of the Indian Penal Code, arising out of Bhaktinagar P.S. Case No. 600 of 2018 dtd. 7/8/2018 pending before the Learned J.M. (1st Court) at Jalpaiguri.

(2.) A complaint was filed on 17/8/2018 by the de-facto complainant at Bhaktinagar P.S. which inter alia stated her grandfather to be the recorded owner of a land measuring 6.29 Acre, depicted in R.S. Khatian No. 681/5, R.S. Plot No. 28 and other sheet no. 9, Mouza-Dabgram, P.S.-Bhaktinagar, District-Jalpaiguri. On the death of her grandfather, fifty per cent of the aforesaid property devolved upon the father of the de-facto complainant, who eventually became the absolute owner of the land measuring 26.5 decimal in respect of Plot No. 22 wherefrom he sold 15.5 decimal of land in respect of Plot No. 28 and possessed the residual 11 decimal of land. The de-facto complainant along with her mother, one sister and four brothers succeeded as joint owners of the aforesaid 11 decimal land on the death of her father.

(3.) It was further contended that the petitioner, Toka Roy was trying to illegally acquire the aforesaid land as a consequence of which a Title Suit being No. 126 of 2013 was filed on 10/9/2013 along with an application for an order of injunction before the Learned Single Judge (Senior Division) at Jalpaiguri.