Syamal Kanti Chakrabarti, J. - (1.) In the instant revisional application order dated 25.03.2009 passed by Learned Metropolitan Magistrate, 7th Court, Kolkata framing charge against the petitioners under Section 438 of the Indian Penal Code in G.R. Case 1659/2005 relating to Taltala P.S. Case No. 95 of 2005 dated 21.07.2005 including the entire proceeding has been assailed.
(2.) The four accused petitioners have contended that the O.P. No. 2 lodged a complaint against them under Section 156(3) Criminal Procedure Code before the Learned Chief Metropolitan Magistrate, Kolkata alleging inter alia that O.P. No. 2 is a tenant in the 3rd Floor of Premises No. 37A, Taltala Lane, Kolkata 700016 being Flat No. F-3A. In course of unauthorised construction of the 4th Floor of the said building the petitioners herein being co-owners of the said premises illegally and wrongfully replaced the existing concrete big reservoir situated on the roof and fixed small tank on the roof for which complainant O.P. No 2 and other tenants residing in the building are not get sufficient water. Further, they have also fixed the water pipe line coming from the reservoir to the flat at their convenient place illegally and in this way disrupted the free flow of water supply to the tenanted portion of O.P. No. 2. On receipt of such complaint Learned C.M.M. Kolkata directed O.C. Taltala P.S. to investigate the case and to report. The case was subsequently transferred to the court of Learned Metropolitan Magistrate, 7th Court, Kolkata being G.R. Case No. 1659 of 2005 who on perusal of the charge sheet and connected papers framed charge under Section 430 Indian Penal Code against all the present four petitioners/accused on 25.03.2009.
(3.) Being aggrieved by and dissatisfied with such order the petitioners have now challenged the legality and propriety of the entire criminal proceeding including order dated 25.03.2005 framing of charge against them.;