RANADEB ROY CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Revisional Application has been filed for quashing of the entire proceeding being case no. 343 of 2021, pending before the court of Learned 2nd Judicial Magistrate, Basirhat, 24 Parganas under Sec. 448/323/354/379/504/506/34 of the Indian Penal Code. The Revisional Application is filed against an order dtd. 21/11/2022 and all subsequent orders passed in the complaint case.

(2.) The fact of the case in brief is that the opposite party no 2 filed a complaint under Sec. 200 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Basirhat, North 24, Parganas, alleging inter alia that in the year 2019, he received a power of attorney from the present petitioner and his two brothers which was registered on 23/7/2019 before the ADSR, Basirhat. The petitioner and his two brothers allegedly received Rs.3.00 lakhs and issued receipt. On 23/7/2019 at about 4.30 p.m. the petitioner along with 5/6 others came to his house and started abusing them with filthy languages. On being protest, the petitioner and his associates assaulted him with fist and blows and asked for money for his land. When the complainant's wife tried to resist her, her modesty was outraged and an amount of Rs.1280.00 was snatched away from his pocket. It was further alleged that while leaving, they also threatened them with dire consequences. It is the case of the petitioner that he lodged a criminal complaint before the officer in charge, Bashirhat Police Station on 23/7/2021 against the present opposite party No.2 with an allegation that on 23/7/2019, he along with his brothers executed one Development power of attorney with Opposite Party no. 2 for 37.5 decimal of land. It was agreed that the said land would be utilised only for the development and for agricultural purpose but 66 satak of land was fraudulently sold to another person in lieu of Rs.40.00 lakhs.

(3.) On receipt of such complaint, Bashirhat Police Station case no. 505/2021 dtd. 23/7/21, under Sec. 468/471/420/406 of the Indian Penal Code started. The Opposite Party no. 2 was arrested in connection with the above case on 27/8/21 and released on ad-interim bail on 2/9/2021. A civil suit was also filed by the petitioner and his two brothers after lodging such FIR and the said suit is now pending before the Civil Judge, Senior Division, Basirhat, North 24 Parganas, where an interim injunction order has been passed on 20/5/2022 in their favour.