AMARESH SARKAR Vs. SIBA CHARAN BOSE

JUDGEMENT

(1.) By way of this application, the petitioner has sought to quash the entire proceeding initiated in I.C.C. Case No.192 of 2004 under Sections 499/500 of I.P.C. pending in the court of learned S.D.J.M., Sadar Cuttack.

(2.) The factual background of the case in hand as revealed from the complaint petition, is that one Sudhansu Mohan Sarkar was the adopted son of Kali Krushna Sarkar and Chandanabilashini Dasi. The said Sudhansu Mohan in course of time married to one Usharani and out of their wed-lock a daughter was be-gotten, namely, Bishnupriya Devi, who is the mother of the complainant and wife of Late Kali Charan Bose. After the death of Sudhanshu Mohan and Usharani, Bishnupriya Devi became the absolute owner in respect of the properties left behind by Kali Krushna Sarkar. The complainant further alleged that even accepting that the petitioner has any interest in the properties of late Kali Krushna Sarkar, he has lost the same by ouster as the complainant and his brothers, sisters and mother are possessing the properties to the knowledge of whole world. The complainant has stated that though he and his family members had the title in respect of Sabik Khata No.430, Plot Nos.1406 & 1407 of mouza Patapur, district- Cuttack, the same was not recorded in their favour during the current settlement operation. In order to declare their title, the complainant filed T.S. No.222 of 1995 and his mother, brothers and sisters filed T.S. No.223 of 1995 before the Civil Judge (Sr. Division), 1st Court, Cuttack. In both the suits the petitioner, being the defendant was contesting. However, T.S. No.222 of 1995 was dismissed against which F.A. No.75 of 1997 has been filed before this Court which is pending. It is alleged by the complainant that in the written statement filed by the petitioner in T.S. NO.223 of 1995 certain imputations have been made in paragraphs 16, 22(x), 22(xiv) & 22(xx) against his father, mother and grand-mother purposefully in order to degrade the reputation and cause serious injury to them and his family's reputation as he is a respectable person of the locality. Therefore, the complaint petition has been filed by the complainant under Sections 499/500 of I.P.C.

(3.) Mrs. Sujata Jena, learned counsel appearing for the petitioner strenuously urged that the complaint petition does not make out a case against the petitioner under Sections 499/500 I.P.C. and as such the initiation of proceeding is bad. She Further urged that a civil dispute is pending between the parties and as such in Civil Appeal No.1245 of 1977 decided on 16.11.95 in Smt. Chandan Bilasini (dead) by LR. V. Aftabuddin Khan and others with Aftabuddin Khan and others V. Amaresh Sarkar and another, 1996 AIR(SC) 591, the Hon'ble apex Court has held that the petitioner is the validly and legally adopted son of late Kali Krushna Sarkar and Chandanabilashini Dasi and the petitioner was adopted by late Chandanabilashini Dasi on 24.08.1965 after the death of her first adoptive son, Sudhansu Mohan on 07.03.1965 in unmarried status.