VIVEK KATHOTIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) WHAT was felt to be just desert by the opposite party Nos. 2, 3 and 4 was not found to be just justice for the petitioner. This antithesis has paved the way for filing of this application at the instance of the petitioner, who feels that he has not received just justice while the opposite party Nos. 2,3 and 4 has sought to sustain their sense of just desert.

(2.) THE petitioner hereinabove had taken out an application under subsection (3) of section 156 before the learned Chief Judicial Magistrate, Alipore on 18. 02. 2008 praying for necessary direction upon Bhowanipore Police station for causing an investigation into the allegations contained in the said petition in respect of the offence punishable under sections 420, 406, 467, 468, 471 of the Indian Penal Code by way of treating the same as a first Information Report. Acting on the basis of the same, the learned Chief Judicial Magistrate, alipore directed Bhowanipore Police Station to cause an investigation which resulted in registration of Bhowanipore P. S. Case No. 48 of 2008 dated 20th february, 2008 under sections 467, 468,469,471 and 120b of the Indian Penal code (C. G. R. Case No. 544 of 2008 ). Since the factual matrix have been elaborately set out in the order of the learned Chief Judicial Magistrate as well as the learned Sessions Judge-to avoid prolixity, we refrain from reproducing the same.

(3.) DRIVEN by the apprehension of arrest the opposite party Nos. 2,3 and 4 felt it necessary to prefer an application under section 438 of the Code of criminal Procedure. Accordingly, they approached the learned Sessions Judge, barasat on 12. 03. 2008. The said application was registered as C. M. C. No. 1006 of 2008. The learned Sessions Judge passed an ex parte order on the self same day admitting the opposite party Nos. 1, 2 and 3 with an order under section 438 Cr. PC. She concluded ". . . . . . . . . . . I do not want to go into the merits of the case but it appears that there are two civil suits already pending regarding self-same matter in the ld. Civil Judge (Senior Division) 2nd Court, barasat and also it appears that a considerable amount has been paid by the accd. petitioners and it is also seen that petitioners are the resident under the Salt Lake jurisdiction. In these circumstances I think the petitioners are entitled to anticipatory bail. Accordingly it is ordered that in the event of arrest of the petitioners in connection with the above noted case they may find bail of Rs. 3,000/- each with one surety of like amount each with a direction to surrender before the ld. Chief Judicial Magistrate, Alipore. . . . . . . . . "