BIBEK KR MOITRA Vs. KAMAKHYA CHARAN GHOSE

JUDGEMENT

(1.) Head Mr. D. Mazumdar, learned counsel for the petitioners and Mr. N. Dhar, learned counsel for the respondents.

(2.) This common judgment and order shall dispose of the Criminal Revision No. 285/1999 and Criminal Revision No. 457/1999 which have arisen/directed against the order issuing process in complaint case No. 2274C/99 under Section 420/468 IPC. The petitioners have filed the revisions praying for quashing of the proceeding under Section 482 Cr.P.C.

(3.) The respondents/complainants Shri Kamakhya Charan Ghose, Smt. Anjali Ghose and Sri Indrajit Ghose instituted the complaint case No. 2274C/99 stating inter-alia about certain land disputes between the complainants side and as may as five accused persons. Some civil suit is pending between the parties and the main allegation of the complainants is that their mother late Nivanani Ghose died in the year 1980 but a partition Case No. 219/95-96 was filed by the accused persons without disclosing the fact that Nivanani Ghose had expired and thereafter notices were issued and served by the process served on Nivanani Ghose on 15.8.1997. As stated above Nivanani Ghose was no more in this world on that date. It is, therefore, alleged that the accused persons had obtained the mutation and partition order by forging the documents in collusion with the process server. The learned Magistrate registered the said complaint and held enquiry under Section 200 Cr.P.C. wherein two witnesses were examined and thereafter issued process against the five accused persons under Section 420/468 IPC and hence the present revisions.