AVEEK SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revisional application impeaches the criminal proceeding in connection with Complaint Case No. 4459 of 2006, pending before the learned 9th Court of Judicial Magistrate, Alipore under Sec. 341/290/448 of the Indian Penal Code and the orders passed therein, including the orders dtd. 1/8/2006, 10/8/2006 and 26/3/2008.

(2.) Briefly stated, the opposite parties nos. 2 and 3 filed a petition of complaint before the learned Chief Judicial Magistrate, 24 Parganas South, depicting themselves as the residents of localities situated by the sides of public roads named and known as Mina Para Road, Prince Golam Mahammad road and Basir Sardar lane which are being used by the local residents as well as public at large since more than a hundred years. After partition of India, in the year 1947, displaced persons from East Pakistan came and settled themselves by forming several colonies namely Baghajatin, Ajadgarh, Aswininagar, Bejoygarh, Netaji Nagar, Asoke Nagar, Regent Colony etc. The residents of the colonies have been using the roads as those ways are to go to hospitals, schools, colleges or other workplaces. That apart the roads are being used for the evening and morning walks of the local residents. In the municipal records of Tollygunge Municipality, these two roads have been delineated as Kachha road and CS Records of Right also demonstrate the existence of the roads. Tollygunge Municipality, considering the fact that the roads are being used by the local people and general public at large, had taken charge of those roads. Subsequently with the merger of Tollygunge Municipality with Kolkata Municipal Corporation the said roads have been vested in the hands of the authorities of Kolkata Municipal Corporation. The roads passing through golf playground are known as Mina Para Road and Prince Golam Mohammad Road.

(3.) It is contended further that Royal Calcutta Golf Club had no boundary wall surrounding its playgrounds but subsequently the club authority raised a boundary wall surrounding its outer limit, keeping the said roads or ways accessible the local residents as well as public at large who had been using the said road. On 14/5/2006 the accused persons, who are managing the affairs of Royal Calcutta Golf Club closed and blocked the said openings raising cemented wall and thereby committed public nuisance within the meaning of Sec. 268 and 283 of the I.P.C. The accused persons also committed offence within the meaning of Sec. 339 of the I.P.C. and the offence of criminal trespass punishable under Sec. 447 of the I.P.C.