SUDHIR CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) By this instant revisional application under Sections 397, 401 and 482 of the Code of Criminal Procedure, 1973, the two petitioners have challenged the G.R. proceeding in Case No. 123 of 1993 arising out of Durgapur Police Station Case No. 45 of 1993 dated 10th February, 1993 for offence under Sections 446/379/435/506/114 of the Indian Penal Code and also challenged Order No. 12 dated 2nd March, 1995 passed by the S.D.J.M., Durgapur in G.R. Case No. 123 of 1993 by which the learned S.D.J.M. dismissed the application of the petitioners herein for dropping the proceeding against them.

(2.) The short background of the case is that one Jagadish Saluja was the owner of the property in question and from him one Nagendra Chandra Chakraborty purchased the property by a registered deed on 14th July, 1975. One Purushottam Madhabji Chouhan was a tenant in respect of the ground floor flat consisting of three rooms, one kitchen, two covered varandahs, one bathroom and common latrine under the said Jagadish Saluja and after purchase of that property by Nagendra Chandra Chakraborty the said P.M. Chouhan attorned his tenancy to the said Nagendra Chandra Chakraborty. The said building is known as "Saraju Bhavan" located at Subhas Pally under Durgapur Police Station, Burdwan. Since such purchase by Nagendra Chandra Chakraborty the petitioners were residing in that building.

(3.) Sometime in 1989 the said P.M. Chouhan purchased a house in the neighbourhood and he started constructing the first floor of that building in the year 1990 which was completed in 1991 and the Chouhan started shifting his households to the said building and they were not residing in "Saraju Bhavan".