- (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the accused persons for quashing the G.R. Case No.1729 of 2009 arising out of Siliguri Police Station Case No.560 of 2009 dated November 26, 2009 under Sections 419/420/468 of the Indian Penal Code.
(2.) Once Smt. Anjana Pyne lodged a complaint with the learned Additional Chief Judicial Magistrate, Siliguri for sending the same to the concerned Police Station for investigation under Section 156(3) of the Code of Criminal Procedure (henceforth shall be called as Cr.P.C. ) and on the basis of that complaint the said Police Station case no.560 of 2009 had been started. I am told that the said case is at the stage of investigation and charge-sheet has not yet been filed.
(3.) The main dispute is whether the grandfather of the accused No.1, namely, Sri Kalicharan Das was known as Kanailal Das or not who acquired the land in case by virtue of a Deed of Lease dated December 13, 1956 executed by one Laxmikanta Singha. It may be recorded herein that on the basis of the said Deed of 1956, the land in question was recorded in the name of Kanailal Das with separate holding no., Khatian no., plot no., etc. After the death of the said Kanailal Das, his heirs, namely, wife and 2 sons sold some portions of the land plotwise to different persons and thus, the complainant purchased 2.5 cottah of land out of the said land from Ananta Kumar Das, son of Kanailal Das.;