- (1.) In this application the petitioner challenges the criminal proceedings arising out of Beliaghata Police Station Case No. 32 dated 2nd February, 2010 under Sections 419, 420, 460, 120B, 467, 668 and 471 of the Indian Penal Code corresponding to G.R. Case No. 311 of 2010 pending before the Ld. Additional Chief Judicial Magistrate (for short the Ld. A.C.J.M.) at Sealdah.
(2.) Sri Amalesh Ray, Ld. Counsel appearing for the petitioners submits that the petitioners are bona fide purchasers for value of 3 flats from a Developer, Sri Amit Bhattacharjee, proprietor of M/s. Bhattacharjee Construction. The said flats comprise the Developer's allocation at the premises No. 53/1 M. Chaul Patty Road (for short the subject premises), Police Station Beliaghata, Kolkata, 700010. Taking this Court to the Agreement for the Sale dated 30th May, 2004 Sri Ray submits that such Agreement was entered into by the Developer with the individual purchasers and, in the said Agreement the present OP2-complainant was shown to be the owner/confirming party.
(3.) Sri Ray further submits that pursuant to the Agreement for Sale the petitioners-purchasers wrote to the Developer sometime around 2009 requesting him to take necessary steps for execution of the Deed of Conveyance of their respective flats. The communication made as aforesaid was replied to by the Developer stating, inter alia, that he has come to learn of the fact that the OP2-complainant has illegally claimed herself to be the owner of the subject premises and induced the Developer to enter into a Development Agreement with her. It was further contended by the Developer that the subject premises is 'Khas Mahal' property under the Collector, South 24-parganas and mutated in the names of Gour Krishna Sen, Gopendra Krishna Sen and Brojo Gopal Sen of 91, Durga Charan Mitra Street, Kolkata vide Rent Roll Register No. 1 being Mutation case No. 760 of 1926-27.;