LAKSHMI NARAYAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 528 of the Bharatiya Nagarik Surakshya Sanhita (BNSS) has been filed against an order dtd. 31/12/2021 pending before the Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas under Ss. 420/506 of the Indian Penal Code.

(2.) It is the case of the petitioner that the opposite party being the defacto complainant lodged a complaint where this petitioner is arraigned as an accused with a false and concocted story. The defacto complainant with an ulterior motive made an application before the Court of Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas under Sec. 156(3) of the Code of Criminal Procedure/175(3) BNSS on the basis of which the learned Additional Chief Judicial Magistrate directed the concerned police station to treat the said petition as FIR with an observation that the petitioner has disclosed prima facie existence of cognizable offence which requires investigation.

(3.) The crux of the complaint as lodged by the defacto complainant is that a lease agreement was entered into between the parties for a period of five years executed on 1/4/2016 and it was mutually agreed that the defacto complainant would pay Rs.20,000.00 per year to the above noted accused persons. In accordance with the said agreement, the defacto complainant has paid the following amount to the accused persons as on date:-