SUSANTA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Sections 401/482 of the Code of Criminal Procedure, 1973 has been filed by petitioner Susanta Roy against the Opposite Party - the State of West Bengal challenging order No. 1 dated 08.11.2013 passed by Additional Chief Judicial Magistrate, Chandernagar in C.R. Case No. 309 of 2013 rejecting complaint of the petitioner under Section 156(3) of the Code of Criminal Procedure, 1973.

(2.) Contending inter alia, the petitioner has contended that he wrote a letter to Inspector General of Registration, Writers' Buildings, Kolkata and District Registrar, Hooghly alleging creation of a fraudulent registered deed of gift by petitioner's elder brother Jayanta Roy from his brother Prosanta Roy in connivance with Rezaul Haq, A.D.S.R. Chandernagar on 27.02.2012 on commission in the house of Jayanta Roy showing falsely the private residence of Prosanta Roy at 9, Nalini Sarkar Street, Kolkata 700004. Copy of said complaint was served on aforesaid Rezaul Haq. In response to that letter Inspector General of Registration informed on 03.10.2013 that he had nothing to do in the matter.

(3.) On 6.11.2013 the petitioner verbally complained the matters at Chandernagar Police Station when he was advised for lodging a complaint in Court. Thereafter, on 8.11.2013 the petitioner moved a complaint in the Court of Additional Chief Judicial Magistrate, Chandernagar together with a document to show the address of Prosanta Roy (who was a cancer patient) was Madhyamgram. In the complaint it has been alleged that Rezaul Haq, A.D.S.R. Chandernagar took bribe from Jayanta Roy. He had shown lesser value of the subject property of gift than true market value, accepted the alleged private residence of Prosanta Roy and registered the forged deed of gift fraudulently. Said complaint was rejected by learned Magistrate illegally stating the dispute as civil in nature.