PARITOSH CHOWDHURY Vs. SIPRA BANERJEE

JUDGEMENT

(1.) This revisional application is directed against an order dt. 9th Feb., 1987 passed by the learned Additional Sessions Judge, 12th Court, Alipore, on a revisional application directed against the order of discharge under S. 239 Cr. P.C.

(2.) The facts stated in the order of the learned Additional Sessions Judge against which the present revisional application has been filed have not been disputed in the present revisional application before me :

(3.) The opposite party No. 1 filed a complaint before the learned Sub-Divisional Judicial Magistrate on 17-7-85. The learned Magistrate sent it to the Officer-in-Charge Lake P.S. for investigation under S. 156(3) Cr. P.C. on the basis of that complaint a formal F.I.R. was drawn up on 21-7-85 and a police case was started. The complainant, the present opposite party No. 1 who lives with her husband is a tenant under the opposite party No. 3 in respect of some rooms of the premises No. 152/B, Rash Behari Avenue, Calcutta-29. That tenancy includes a common passage leading from the main entrance door to the bath and privy of the complainant. The present opposite party No. 3 was trying to dispossess the petitioner who is a school teacher and her husband from 1985. The present petitioner and the present opposite party No. 4 reside in some portions of the same premises. The present opposite party No. 4 is a niece of the landlord, Sri R.N. Dey, the opposite party No. 3. The present petitioner is an associate of the landlord. These accused persons with a common intention of dispossessing the petitioner from the premises in question wrongly stopped supply of drinking water and restrained the petitioner and the members of her family from entering by the main entrance door and using the common passage.