SUCHARITA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by sole petitioner for quashing of proceedings being Case No. C ­ 2511 of 2013 pending before learned 3rd Judicial Magistrate, Alipore, South 24 Parganas under Sections 199/200/209 of the Indian Penal Code, and all orders passed in that case including the order dated, 22.07.2013 passed by that Court.

(2.) The respondent No. 1 the State of West Bengal and the respondent No. 2 Rabindra Nath Kanji both were represented through their respective advocates at the time of hearing this case.

(3.) The case of the sole petitioner in substance is that the respondent No. 2 lodged a petition of complaint against the present petitioner and her father (deceased at present) alleging inter alia that the petitioner's father was a tenant in a premises of respondent No. 2 and the respondent No. 2 filed a suit for eviction against him which was dismissed on contest. Then the tenant voluntarily left the premises bag and baggage. Thereafter, in connivance with the present petitioner her father tried to take forcible possession in that premises but failed. After that creating false documents and affidavits alleging their payment of rent to respondent No. 2 month by month falsely and fraudulently the petitioner's father in collusion with the petitioner deposited rent with Additional Rent Controller, Alipore practising fraud upon said Rend Controller and manufactured fraudulent document in order to deceive the respondent No. 2. Relating to tenancy of that premises civil suits are pending between the parties. The respondent No. 2 mentioned Section 420/406/209/200/199 of the Indian Penal Code in the petition of complaint as the facts stated in the petition of complaint attract those sections regarding commission of offence by present petitioner and her father as accused persons.