SUSMITA BHOWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revisional application under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners for quashing the proceedings pending before the Court of Learned Metropolitan magistrate, 19th Court, Calcutta under Ss. 406/120 B/458/504(II) read with Sec. 34 Indian Penal Code. Brief fact

(2.) One Paresh Chandra Bhawal was the absolute owner in respect of a disputed premises who was the father of the complainant and the father-in-law of the petitioner no.1 and grandfather of the petitioner no.2 & 3 and during his lifetime, he executed one will dated August 16, 1994, whereby bequeathed his properties, including the above disputed property to his legal heirs. Paresh Chandra Bhawal appointed his two sons, namely Chanchal Bhawal and Biplob Bhawal as the executors to the said will. He died on February 2, 1997, leaving behind his wife and three sons. The said will was duly probated and one of the executives Chanchal Bhawal was holding possession in respect of the half portion of the ground floor of the disputed premises, presently occupied by the present petitioners.

(3.) A complaint was lodged by the Opposite Party no. 2, under Sec. 156 (3) of Cr.Pc against the present petitioners alleging commission of offences under the aforesaid provisions. It was alleged in the said complaint that he requested the executor Chanchal Bhawal to handover possession of the half portion of the ground floor of the disputed premises and he assured the complainant to vacate the portion within a year, but he failed to keep his promise, and presently the petitioners are not willing to vacate and carrying on business without any valid trade license. A civil suit is pending for recovery of possession against the present petitioners and they by taking law in their hands, criminally trespassed into the other half portion of the ground floor of the house of the disputed premises, dismantled the meter which were kept in the portion of the complainant possession and ransacked everything and several important documents have been lost.