Asim Kumar Mondal, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure praying for quashing of proceedings being case No. C/1530/2008 (T.R. No. 1697 of 2008) pending before the learned Metropolitan Magistrate, 14th Court, Calcutta under Section 406/420/120B of the Indian Penal Code and all orders passed therein including the orders dated 15.12.2008 and 02.04.2009. The opposite party No. 2 Sri Kalyan Kumar Basu filed a complaint case on 15.12.2008 before the Learned Additional Chief Metropolitan Magistrate, Calcutta which was registered as C. Case No. C/1530/2008 against the present petitioners. Learned Additional Chief Metropolitan magistrate after taking cognisance transferred the case before the learned Metropolitan magistrate at 14th Court under Section 192(1) of Code of Criminal Procedure for enquiry and disposal subject to amended provisions of Section 202 of the Code of Criminal Procedure. The case of the opposite party No. 2 has averted in the said complaint case is that the accused persons/petitioners sold a plot of land measuring 1 acre 50 decimals situated at Parganas Sabang, Dag No. 1573 which a joint property and initially the share of the opposite party No. 2 and some other co -owners were sold by the said accused persons as sole owners thereby suppressing the names of the opposite party No. 2 along with other co -owners to one Sisir Sen and executed a deed of sale amongst themselves to deprive of other legitimate owners including the opposite party No. 2; that the said conspiracy was hatched up at 6A, Mohan Bagan Lane under P.S. Shyampukur, Kolkata on 20.07.2007 that the consideration was shown as Rs. 20,000/ - though the registering authority valued the same at Rs. 4,50,000/ -; that upon being aware of the same the opposite party No. 2 after obtaining the certified copy of the sale deed filed the complaint for taking necessary action by the Court. The learned Trial court examined the sole complainant i.e. opposite party No. 2 and considered the evidences thereafter sending complaint to concerned police station for enquiry under Section 202 of the Criminal Procedure Code. After obtaining the report from the concerned police, the learned Trial Court issued process against the accused persons/petitioners under Sections 406/420/120B of the Indian Penal Code. The petitioners have preferred the present application challenging the legality and propriety of the same order of learned Trial court and also for quashing the proceedings on the grounds that the complaint even if are believed to be true, have no basis whatsoever after the deed of rectification dated 01.08.2009, could not written in the schedule, the schedule property was described as 7/14th part of land admeasuring about 1.5 acres further that the petitioners are also the owners of the suit property. They have executed a sale deed, execution of sale deed is not denied if somebody is aggrieved by the false assertions as alleged to have been made in the said sale deed, he would be the vendee and not the co -sharers. Further that there is no ingredients of initial deception on the part of the petitioners right at the beginning of the transaction has neither been expressly stated nor indirectly suggested in complaint. There is nothing reflected in the order under challenge that learned magistrate summoning the accused persons applied mind to the facts of the case and law applicable thereto and finally that the allegations made in the petition of complaint and the materials furnished in support of such allegations do not disclose the commission of offences by the petitioners and hence the criminal proceedings instituted the accused/petitioners is not maintainable in law and is liable to be quashed.
(2.) MR . Milon Mukherjee with Mr. Sourav Chatterjee and Mr. Pritam Chatterjee appeared on behalf of the petitioners. Mr. Mukherjee submitted and argued at length relying upon some decisions reported in : - 1., 1990 C.Cr.LR (Cal - DB) 1 2., 2003 C.Cr. L.R. (Cal) 249 : (1998) 5 SCC 749
(3.) , (2009) 3 SCC (Cri) 461;