UTPAL BARMAN (DR.) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner in this writ petition wants me to quash the F.I.R. on the basis whereof Behala P.S. Case No. 329 of 2004 was registered under Ss. 420/406/120B of the Indian Penal Code, 1860.

(2.) Facts of the case are these. The third Respondent (Sakar Nirman Pvt. Ltd.) is a promoter within the meaning of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. The Petitioner agreed to purchase a flat in the building constructed by the third Respondent on the land owned by the persons, who are the other accused persons named in the F.I.R.

(3.) Certain disputes arose between the third Respondent and the purchasers of the flats in the building. An association of the flat owners submitted a complaint requesting the authorised officer under the Act to prosecute the third Respondent.