GAUTAM RANJAN BASU Vs. SHANTA MUKHERJEE

JUDGEMENT

(1.) By this revision the accused petitioners have challenged the order dated 1712-93 passed in T. R. No. 231/93 arising out of complaint Case No. 1080/93 by the Judicial Magistrate, 10th Court, Alipur, 24 Pgs. (S) whereby the learned Magistrate permitted the opposite party No. I herein, the mother of the complainant, to conduct the case on demise of original complainant as contemplated under Section 302 of the Code of Criminal Procedure, 1973. The fact giving rise to this revision is that originally one Shri Ashok Mukherjee, was a tenant in respect of the entire ground floor including Garrage, Out-house, Servant Quarters, Courtyard at No. 33, Regent Park, Calcutta -700 040.

(2.) On the demise of Shri Ashok Mukherjee his daughter and wife Smt. Monika Bhattacharyya and Smt. Shanta Mukherjee became the tenant in respect of the said tenancy. The complainant Smt. Monika Bhattacharyya was residing in that building in the said tenancy along with her mother and in the Out-house of that tenancy a Kindergarten and junior school was there styled under the name of 'Narmada School' of which the mother of the complainant, Smt. Shanta Mukherjee, was the proprietor/principal.

(3.) On 24/06/1993 the accused persons along with others trespassed in the tenancy of the complainant and her mother and assaulted the complainant and also insulted her. As the mother tried to rescue her the accused No. 3 assaulted her.