CHANDI CHARAN PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner herein has assailed the impugned judgment and order dtd. 15/7/2017, passed by Learned Additional Sessions Judge, FTC 2nd Court, Tamluk, in Criminal Revision No. 194 of 2016, whereby and whereunder the court below set aside the trial Court's order of discharge passed in favour of the petitioner herein, dtd. 28/10/2016 and thereby requested the th trial court to record evidence of the witnesses of the opposite party/complainant and thereafter to pass an order as per the provisions of law.

(2.) Being aggrieved by the order passed by the court below, learned counsel for the petitioner submits that the petitioner herein by dint of an agreement for sale, filed a suit for specific performance of contract and said suit being Other Suit no. 88 of 1993 was decreed in favour of the petitioner and the court directed the defendant to execute sale deed in favour of petitioner herein in respect of the suit property vide judgement dtd. 22/3/2011. Thereafter failure on the part of the defendant, the deed was executed by the executing court in favour of the petitioner in Execution Case no. 2 of 2012 by an order dtd. 23/11/2012. By dint of that sale deed the petitioner got possession over the suit property with the help of court bailiff on 25/1/2013. Thereafter petitioner herein Chandi Charan Patra lodged a written FIR to the Panskura Police Station that on 25/1/2013, he was given possession of the land through the process server of court but on 4/2/2013 at about 4.30 p.m., taking advantages of his temporary absence the opposite party /accused persons broke open the lock so fixed by him of the said house and entered the said house and stolen utensils and valuable gifts and on the basis of such allegations, Panskura Police Station case no. 29 of 2013 dtd. 4/2/2013 under Sec. 448/461/380/34 of the IPC was started. After completion of investigation on 31/3/2013 police submitted charges sheet in the said case. After conclusion of trial the Trial Court convicted offender Mrityunjoy Sahoo and Dipali Sahoo, being GR case no. 187 of 2013. It is further submitted that challenging the order of conviction dtd. 6/7/2022 an appeal has been preferred before the learned Sessions Judge, being Criminal appeal no. 4 of 2023.

(3.) It is alleged by the petitioner herein that as a counter blast, opposite party no. 2 herein lodged a complaint before the Judicial Magistrate, Purba Medinipur under Sec. 156(3) of Cr.P.C., against the petitioner and others and on 14/2/2013 under the order of jurisdictional Magistrate, the police started investigation being Panskura Police Station Case No. 52 of 2013 under Sec. 147/ 148/ 149/ 448/ 323/ 380/ 427/ 506(2) of IPC. However, after completion of investigation police submitted final report in the said case stating "mistake of fact" on 7/6/2013.