NIRMALJIT SINGH HOON Vs. AJOY KUMAR SAHA

JUDGEMENT

(1.) This is an application under Section 439 (2) Cr. P.C. in the cause title the application has been described as an application under Section 439 (2) Cr. P.C. read with Section 482 Cr. P.C. In the prayer portion the petitioner has prayed for cancellation of the bail of accused opposite party No. 1 Ajoy Kr. Saha as well as for passing several orders and directions of different kinds, such as, direction upon the CBI to investigate the case in place of CID, West Bengal, direction for restoration of certain sections of the Indian Penal Code in the FIR, direction for arresting the accused persons for custodial interrogation, direction upon the learned SDJM to take certain document in safe custody from the I. O. and produce the same before this Court, direction for delivery of possession of certain flats alleged to have been forcibly and surreptitiously occupied by the accused Ajoy Kr. Saha etc. We have mentioned the prayers above only to indicate that this is purportingly an omnibus application covering a wide range of aspects of the grievance of the petitioner and most of the prayers are outside the determination of this Bench. Possibly this has happened because the petitioner Sri Nirmaljit Singh Hoon has been himself conducting his case personally without taking the assistance of any legal expert. Indeed there is no bar against a person preparing and conducting his own case. But in view of the determination of this Bench we have to confine ourselves to the question of cancellation of bail as prayed for in this application and the other substantive prayers are beyond the scope of our consideration. Accordingly, the petitioner addressed us on the question or cancellation of bail of the opposite party No. 1 although he took us in that connection elaborately through the background of his grievance and even did not spare to criticise the judgment of a learned single Judge (S. K. Tewari, J.) passed in certain matters disposed of by the learned Judge. He also while making submissions could not always keep himself within the limits of propriety while making his submissions regarding Judges and we had to remind him of such limits and requirements of propriety on several occasions during his submissions. He has not annexed the order by which the opposite party No. 1 was granted bail by the learned Court below nor the order by which the learned Court below rejected his prayer for cancellation of bail of the opposite party No. 1 which indeed he should have done. However we granted considerable latitude to the petitioner in making his submissions as he was conducting his case himself personally.

(2.) As far as we could understand there is a dispute about certain property and there were also agreements in respect of such property. Stated in brief the petitioner's case is as fol-lows :-The petitioner Sri Nirmaljit Singh Hoon is Director/Chairman of Vishnupur electric Supply and Industrial Development Co. Ltd. (Vishnupur, for short). Vishnupur having its registered office at 4th floor, 203 Sarat Bose Road, Calcutta-29 was originally managed by its Director-in-charge A. N. Sen along with its family members. Vishnupur also owns 50 to 66% undivided shares in the building situated at 203, Sarat Bose Road where its registered office is located, since 1981. There was an agreement for sale dt/- 2-3-93 entered with the prospective buyer Ranjan Sen Gupta as a result of negotiation through his advocate Rai Mohan Sinha, the O.P. No. 3 with A. N. Sen for sale of the said building together with the vacant possession of the 4th floor flat in occupation of Vishnupur at a price of Rs. 57 lac and an earnest money of Rs. 6 lac was paid to A. N. Sen which was followed by a further payment of Rs. 2 lac. It was stipulated that the balance money would be paid within six months when the possession of the 4th floor flat and the 5th floor terrace, i.e., the office cum residence of Vishnupur would be handed over. However in August 1993 Ranjan Sen Gupta abandoned the deal because of dearth of fund. Then came Ajoy Kr. Saha, O. P. No. 1 through Rai Mohan Sinha. A new agreement was entered in the name of Ajoy Kr. Saha as purchaser. Only the time was extended to one year in place of six months. A. K. Saha paidnearly Rs. 15 lac by way of earnest money. However Sri Saha could not raise the balance fund. About one month before the expiry of the agreement dt. 25-8-93, the said agreement deed was lost and was suspected to be stolen away by Sri Saha (when Sri A. N. Sen's daughter Sarswati visited the office of Sri Saha on 14-7-94 with the file of documents). Thereafter by entering into a criminal conspiracy with the O.P. Nos. 2 and 3, A. K. Saha forged the first six pages of the governing agreements and manufactured altogether a new agreement by deceitfully using the last page No. 7 of the main agreement to fulfil his evil design to grab the property. The forgery will be clear from a comparison of the two agreements with the forged agreement. Finding the situation hopeless for getting his balance money from A. K. Saha, A. N. Sen negotiated with Sri Hoon (the petitioner herein), Chairman Hotel services through Nageswar Singh for the purpose of selling all the shares of Vishnupur held by his family as a result of which 200 shares were transferred on 8-8-94 in the name of Sri Hoon and his nominees who were inducted as Directors of Vishnupur with a view to selling all his interest in Calcutta including the family shares in the building at 203 Sarat Bose Road. After the lapse of agreement of A. K. Saha and resultant forfeiture of his earnest money Sri Saha along with others visited the said building on 3rd and 4th September, 1994 and started to harass and threaten the Vishnupur staff and its Directors with consequences. Thereafter Nageswar Singh as Director of Vishnupur started a proceeding under Section 144 (2) Cr. P.C. before SDEM, Alipore being M. P. 2089/94 against A. K. Saha and others and the learned Magistrate on 5-9-94 issued order for giving protection and for ensuring peace and also prevented A. K. Saha and others from frequently/visiting the vicinity of the building at 203 Sarat Bose Road. Inspite of that A. K. Saha on secret arrangement with and concurrence of the O.C., Tallygunj P.S. forcibly broke in the office of Vishnupur on the 4th floor in clear violation of the Court's order. Nageswar Singh lodged an FIR on that very day which was registered as Tallygunj P. S. case No. 388/94 dt/- 19-10-94 under Sections 147/148.427/448/188 I.P.C., but the Tallygunj police took the key of the office from its Director Nageswar Singh on the pretext of keeping peace and tranquillity and maintaining law and order in the neighbourhood. Police however, during 20th October to 12th November, 1994 surreptitiously and secretly gave A. K. Saha and S.N. Biswas access to the office of Vishnupur. Subsequently A. K. Saha and two others were arrested in connection with Tollygunj P.S. Case No. 388/94 and were released on bail on the next day. Nageswar Singh filed a petition on 17-11-94 before the Executive Magistrate for prosecution of A. K. Saha for violation of Court's order and also for direction upon the police to hand over keys taken over by the police earlier but that petition was rejected. Against that order of the Executive Magistrate, a revisional application being No. 351/94 was moved before the Sessions Judge, Alipore which resulted into handing over of key against receipt A. K. Saha then on 19-11-94 filed a petition before the Sessions Judge, Alipore. Thereafter a fourth revisional application was filed by A. K. Saha in the High Court being Cr. Rev. No. 2926/94 and in that connection he also filed forged documents and false accounts. N. S. Hoon then filed an application before the High Court, being numbered as Cr. Rev. No. 581/95 under Section 340 Cr. P.C. In the last week of January 1995 A. K. Saha filed two title suits being T. S. 8 of 1995 and T.S. 12 of 1995 in the 8th Court of Asst. District Judge. Alipore against A. N. Sen and others enclosing and relying on self-same forged documents, and those two suits are yet pending. In the meantime however another criminal case being Cr. case No. 3071/94 was filed against A. K. Saha and others by Vishnupur Directors before the SDJM Alipore under Sections 147/148/149/396/397 I.P.C. read with Sections 24/25 Arms Act and the learned SDJM ordered the case to be investigated by the DC, DD, Lalbazar. The Cr. Rev. 581/95 filed by N. S. Hoon for prosecuting A. K. Saha and others under Section 340 Cr. P.C. for putting in forged and fabricated documents/evidence in judicial proceeding was however rejected for reasons recorded in the concerned order. Thereafter the complainant N. S. Hoon filed a complaint being C 482 of 1997 before the CMM Calcutta against Ajoy Kr. Saha and others under Sections 120B/193/195/196/199/200/420/465/468/471/34 IPC with a prayer to send the complaint to the DIG, CID, West Bengal under Section 156 (3) Cr. P.C. for treating the same as FIR and the CMM on 20-2-97 directed the DIG, CID to treat it as FIR under Section 156 (3) Cr. P.C. and cause investigation.

(3.) What is narrated above is only a reflection of the petitioner's case described in his complaint being C 482 of 1997 filed before the CMM, Calcutta under Section 156 (3) Cr. P.C. Although the petitioner did not care to spell out clearly, yet it appears from the petition that on the basis of the said complaint forwarded under Section 156 (3) Cr. P.C. Tollygunj P.S. Case No. 131 of 1997 under Sections 420 and 120B etc. were started. It also appears from the petition that in connection with that case police searched and seized certain documents. It also appears from what has been haphazardly and incoherently described in the present petition that in the said case A. K. Saha was granted bail by the SDJM, Alipore on 31-3-98 and then the petitioner applied to SDJM for cancellation of bail granted to A. K. Saha, but the SDJM rejected the prayer on 6-7-98 and thereafter the petitioner has filed the present application before the High Court on 14-9-98 for cancellation of bail of A. K. Saha with certain other prayers which we have already mentioned.