- (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by three petitioners Subhas Bose, Debjani Bose and Partho Ghosh against the State of West Bengal and Supriti Ghosh as opposite party nos. 1 and 2 respectively. Three petitioners have been made accused in G.R. Case No. 3028 of 2012 under Sections 341/323 of the Indian Penal Code which is pending in the Court of learned A.C.M.M. Kolkata. Said case has been initiated on lodging FIR by the opposite party no. 2 on 27.09.2012 alleging an incident dated 24.09.2012 at Burtolla Police Station. Police of Burtolla Police Station investigated the case and submitted charge-sheet dated 02.05.2013 alleging offences under Sections 341/323, Indian Penal Code against the three petitioners of this case before learned A.C.M.M. Kolkata.
(2.) Contending inter alia the petitioners have alleged that the petitioner no. 1 is owner of a flat where Sudhir Ghosh was the tenant. Said tenant sublet the flat to one Sunil Ghosh who lived in the flat for about 20 years and then the flat remained under lock and key for 8/9 years. On 24.09.2012 two unknown persons broke open the lock and entered into the flat illegally. On interrogation by petitioner nos. 1 and 2 they disclosed their identity as son and daughter of late Sudhir Ghosh. Petitioner no. 3 informed the said fact at Burtolla Police Station but police took no action. Opposite party no. 2 is wife of aforesaid Sudhir Gosh. Against her a Civil Suit being No. 5984 of 2004 has been filed for recovery of possession before the learned Judge, 3rd Bench, Presidency Small Causes Court, Calcutta. Said suit is pending. Police of Burtolla Police Station entertained the complaint dated 27.09.2012 of the opposite party no. 2 ignoring compliant dated 24.09.2012 of the petitioners due to foul play of police. As such, miscarriage of justice has been caused. Alleging false and inherently improbable FIR lodged against the petitioners prayer has been made for quashing the proceedings of G.R. Case No. 3028 of 2012 under Sections 341/323 of the Indian Penal Code which is pending in the Court of learned A.C.M.M. Kolkata.
(3.) At the time of hearing Mr. Sengupta, learned Advocate for the petitioners has advanced his arguments that the criminal case against the petitioners cannot be continued when the entire dispute is of civil nature. According to him, the FIR is a false story and the charge-sheet on the basis of false FIR against the petitioners is baseless one. He submitted for quashing the charge-sheet also. On the other hand, Mr. Dutta, learned Advocate for the state opposite party no. 1 has advanced his arguments that he has gone through the case docket (C.D.) of the investigating Police Officer in connection with G.R. Case No. 3028 of 2012. He has gone through the injury reports of Subrato Ghosh and Supriya Ghosh. He has argued for dismissal of the application under Section 482 of the Code of Criminal Procedure.;