Subhasis Dasgupta, J. - (1.) The impugned order dated 3rd August, 2019 passed by the learned Chief Metropolitan Magistrate, Kolkata in Case No. C-89 of 2019, rejecting the prayer under Section 156(3) of the Code of Criminal Procedure is the subject matter of challenge in this revisional application under Section 482 of the Criminal Procedure Code.
(2.) Learned advocate for the revisionist submitted that pursuant to an order passed in writ petition No. 22350 (W) of 2013, a manufactured and fabricated sanctioned building plan in respect of a building situated at premises No. 1B and premises No. 2 of Hare Street popularly called as "Nicco House" had been produced by Kolkata Municipal Corporation on 09.10.2018 with disclosure of fact that the aforesaid building was sanctioned in stages, and thereby causing the original sanctioned plan of the building to go suppressed and hidden. It was further submitted that the building plan was issued on 06.04.1893 being No. 10 in respect of premises No.1B & 2, Hare Street, Kolkata- 700001 for making construction of a single storied building, and thereafter whatever plan was managed to be obtained in support of the building in question was false, forged and fabricated having no nexus with the original.
(3.) Contention was raised by the learned advocate for the petitioner that the original of the sanctioned plan could not be produced in connection with writ petition No. 22350 (W) of 2013, and only the certified copy of the plan was produced, which was not the actual, authenticated copy of the original. Since the "Nicco House", a 7th storied building was alleged to have raised without required sanction plan from K.M.C., the petitioner not only approached for demolition of the unauthorised construction of "Nicco House", but also sought for an investigation to book the culprits including the certifying personnel in respect of the certified sanction plan of the building in question, by submitting a complaint before the concerned police station earlier, and the same not being acted upon, the petitioner in exercise of his right available under the Code of Criminal Procedure proceeded to obtain relief available under Section 156(3) Cr.P.C. soliciting an investigation by the police. It was alleged that unknown persons lying behind the creation of manufactured/fabricated sanctioned plan for "Nicco House" had committed offence punishable under Sections 466/468,/ 474, 34 and 120B I.P.C.;