GOUTAM CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the three contending parties are represented by their respective Learned Counsels, who have been heard at length.

(2.) By the instant Revisiona1 Application under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) the Petitioner has prayed for "setting aside" (presumably "for quashing") all the relevant proceedings, being G. R. Case No. 1340 of 1992, arising out of Barasat P.S. Case No. 546 dated 12.8.92, pending before the Sub-Divisional Judicial Magistrate at Barasat mainly on the ground that the allegations made in the F.I.R, is the subject-matter of a civil suit, which are quite unfounded, and that the dispute is very much civil in nature, amongst other grounds.

(3.) The Petitioner contends that he had purchased the disputed land from one Susanta Sen alias Khoka Sen, Son of Satyendra Nath Sen of Bongaon under a registered Deed of Conveyance dated 29th June, 1990. Immediately after purchasing the said property he has filed a suit being Title Suit No 66 of 1992 before the learned Munsif at Bongaon, District 24-Parganas (North), for eviction of the defendant therein, Debabrata Chatterjee, therefrom on the allegation that he is a trespasser in respect thereof: The allegation in the F.I.R. in the aforesaid Criminal Case is that the said Deed of Conveyance is a forged one since Kalyan Sen, the legal heir of Satyendra Nath Sen, did not execute the said Deed. It is alleged in the F.I.R. that the Deed in question regarding the disputed property has been manufactured by the Petitioner herein in his favour, executed by one Susanta Sen alias Khoka Sen, who is not the legal heir of Satyendra Nath Sen, the owner of the disputed property.