SOUMYAJIT LAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 401 read with Sec. 482 of the Code of Criminal Procedure preferred against an order dtd. 5/4/2017 passed by the Learned Chief Judicial Magistrate 6th Court, Sealdah GR Case No. 2002 of 2009 arising out of Phoolbagan, Police Station Case No. 161 of 2009 dtd. 19/6/2009 u/s 120B/467/420 of the IPC thereby rejecting the petitioner's prayer for discharge.

(2.) The brief fact of the case is that the present OP No. 2 had lodged a complaint with the Phoolbagan PS on 19/6/2009 alleging inter alia for commission of offence by the petitioners and one another punishable u/s 467/468/471/120B/420 of the IPC. It is alleged in the petition of complaint that the father of the OP No. 2 namely Late Manaj Kumar Banerjee was a lessee in respect of the property being CIT Scheme (VI)-M plot No. 99 for 99 + 99 years but due to major cerebral attack in May, 2000 the right side of the father of the OP 2 got paralysed. Subsequently, he died on 29/9/2003.

(3.) It is further stated in the petition of complaint that Late Manoj Banerjee used to reside stay at 48B, Pike Para Row with the family of his brother, although, OP 2 used to stay separately from her father but she used to visit him regularly. However due to torture inflicted upon her by the family member of uncle, the OP 2 was forced to reside elsewhere. It has been further alleged that Late Manoj Banerjee has several movable and immovable property.