JATAN LAL PAREKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is to consider an application under section 482 of the Code of Criminal Procedure filed at the instance of one Jatan Lal Parekh and two others as petitioners seeking for quashing of the proceeding being Golabari P.S. Case No. 10 dated 8.1.96 under sections 427/395/397/448/34/120B of the Indian Penal Code (G.R. 97/96) pending before the learned Sub-Divisional Judicial Magistrate, Howrah Sadar and/or setting aside the order dated 09.06.2000 passed by the learned Sub-Divisional Judicial Magistrate, Howrah Sadar in the aforesaid case.

(2.) The short facts leading to the filing of this application are as under: One complaint under section 156(3) of the Code of Criminal Procedure was lodged by Gangadhar Sarkar as de facto complainant, before the learned Chief Judicial Magistrate, Howrah on 04.01.96 alleging, inter alia, that the complainant, namely Gangadhar Sarkar, is a monthly tenant in respect of the area of 300 sq. ft. in respect of the premises No. 35, Dr. Abani Dutta Road, Howrah and he is running a factory in the said tenanted portion under the name and style of Jai Guru Motor Repairing Works for the last 35 years.

(3.) It was further alleged in the aforesaid complaint that the son of the de facto complainant namely Mintu Sarkar on 12.01.95, when he was sleeping in the same tenanted premises at about 12 in the midnight, heard some noises and found some persons had climbed upon the roof of the factory and those persons were engaged in throwing down the tiles of the factory.