- (1.) By the instant revision application under Section 397/401 read with Section 482 of the Code of Criminal Procedure the petitioner has sought quashing of the proceeding of Complaint Case No. 385/2004 under Sections 463/465/467/469/471 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas.
(2.) The factual matrix leading to filing of the instant revision application may briefly be narrated thus.
(3.) The complainant presently O.P. No. 2 filed the petition of compliant in the Court of learned Chief Judicial Magistrate, Alipore, South 24-Parganas against the present petitioner alleging commission of offences punishable under Sections 463/465/467/469/471 of the Indian Penal Code. As per the allegations made in the compliant in the month of April, 2001 the complainant under the compelling circumstances instituted Title Suit No. 80/2001 in the Court of the learned Civil Judge (Senior Division), 2nd Court, Alipore being a suit for specific performance of contract for sale and damages and for permanent injunction against Ramanjot Chowhan and another. Sometime in the month of February, 2003 necessity arose for the complainant to move a petition for injunction in the said title suit and since the complainant was/is mostly staying away she entrusted the present petitioner/accused to look after her said suit upon interaction with the Advocate of the complainant Shri Partha Sarathi Chakraborty.;