PREMLATA MAGO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant Criminal Revisional application has been filed by the petitioners seeking quashing of FIR being Entally P.S. Case No. 615 dtd. 21/12/2015 registered under Sec. 401A of the Kolkata Municipal Corporation Act, 1980 and Charge-Sheet No. 132/2021 dtd. 17/7/2021 filed under Sec. 401A of Kolkata Municipal Corporation Act, 1980 only with regards to the petitioners herein.

(2.) The factual matrix of the instant case leading to filing of this application is as under: -

(3.) Learned Advocate appearing on behalf of the Petitioners submitted that due to ill motive and to harass the present petitioners, the Kolkata Municipal Corporation has initiated a false and fabricated proceeding under Sec. 401A of the KMC Act, 1980 though the company i.e. Standard Pharmaceuticals Limited being the owner/developer, completed G+IV storied building and obtained the clearance/completion certificate from the KMC. The question of illegal construction or deviation from the building sanction plan does not arise at all. Accusation against the company was that the Fire Certificate was not obtained for construction of 5th Floor though NOC for Fire Security was obtained in the year 2009 from the concerned Department.