ROHIT BIHANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision application has been preferred with a prayer for quashment of proceedings in connection with Bishnupur Police Station Case no. 70 of 2014 dtd. 22/1/2014 under Ss. 4(c) and 4 (d)of the West Bengal Land Reforms Act, 1955 (for short W.B.L.R act) and under Sec. 21 of the Mines and Minerals (Development and Regulations) Act, 1957 and under Sec. 278 of the Indian Penal Code (For short IPC) corresponding to BGR case no. 333/14 pending before the Ld. Additional Chief Judicial Magistrate, Alipore.

(2.) On 21/1/2014 opposite party no.2 herein/the Block Land and Land Reforms Officer (for short B.L.L.R.O),Bishnupur, South 24 Parganas filed a written complaint to the Inspector in-charge, Bishnupur, Police Station, South 24 Parganas against Sri Narayan Bihani, Mr. Rohit Bihani/petitioner herein, Mr. Raghav Bihani, the Directors of Balaji Abasan Private Limited alleging inter alia that the above noted persons illegally transported a huge quantum of earth and filled up and changed the existing classification which resulted in change of the character of the scheduled land attracting the offence under Ss. 4(c) and 4 (d)of the W.B.L.R act and under Sec. 21 of the Mines and Minerals (Development and Regulations) Act, 1957 and under Sec. 278 of the IPC. It has also been mentioned that, a notice dtd. 27/12/2013 was issued upon the accused to stop illegal construction and restore the land to its original character but the accused persons did not comply with the order. Hence, the instant written complaint was lodged.

(3.) On receipt of the complaint Bishnupur Police Station Case no. 70 of 2014 dtd. 22/1/2014 was registered and after investigation charge sheet was submitted against all the FIR named accused persons including the petitioner under Sec. 4(c) and 4 (d)of the W.B.L.R act and under Sec. 21 of the Mines and Minerals (Development and Regulations) Act, 1957 and under Sec. 278 of the IPC.