JOUTISHMAN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this application under Section 482 of the Cr.P.C., the petitioner prays for quashing of the Charge -Sheet No. 368/2012 dated 30.08.2012 and consequential proceedings in G.R. Case No.9991/2011 which is now pending before the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati.

(2.) THE factual aspects leading to the filing of the aforesaid petition in brief are that the petitioner is the Director of M/S. Down Town Hospital Limited and they are the owners of the building "DEE TEE Tower" where the "Pantaloon Showroom" is located and they are the absolute owner of the aforesaid tower situated at Down Town Hospital Complex, G.S. Road, Dispur. On being approached by the respondent No. 2, the petitioner leased out approximately 100 sq. ft. carpet area in the ground floor of the Pantaloon showroom which is an open space in front of the showroom to the respondent No. 2 and a written agreement was executed by both the parties laying down the terms and conditions under which the space was leased out to the respondent No. 2.

(3.) IT was stipulated that in the vacant space, the respondent No. 2 would open a food Court and as per the terms of the agreement dated 16.08.2011, she was to deposit a sum of Rs.1,20,000/ - as refundable security deposit being the rent for 6 (six) months. The space was leased out for running a food stall in front of the open space of the Pantaloon Showroom. However, the respondent No. 2 and some other tenants started constructing permanent Assam Type Structure for which the GMC Authorities issued notice to the petitioner. The petitioner represented before the GMC Authorities that the construction carried out by the respondent No. 2 was not permanent and no action was called for and they have been issued trade license by the GMC Authorities to run their business.