Shib Sadhan Sadhu, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking for quashing the impugned proceedings of Case No. C -8738 of 2007 pending before the 8th Court of Learned Judicial Magistrate, Alipore, South 24 -Parganas.
(2.) CHALLENGE in this revision by the petitioner is to his summoning order dated 17.12.2007 passed by the Learned Judicial Magistrate, 8th Court, Alipore, South 24 -Parganas in complaint Case in C -8738 of 2007 under Sections 406/420/120B of the Indian Penal Code and the entire proceedings of the aforesaid trial. A brief resume of the unfolded background facts indicate that complainant Dr. Akbar Ali Khan was an IPS Officer and held an important and respectable position in the society being posted as DIG of Police, Home Guards, West Bengal. He hails from a village of District Gazipur in the State of Uttar Pradesh and he is highly respected, trusted and honored by the people of that area as he is the only IPS Officer from that area. Out of such trust, the local people of that area had entrusted a total sum of Rs. 1,03,00,000/ - in cash to his wife namely Mrs. T.P. Khan for purchasing land near the New Satellite Township at Rajarhat, Kolkata.
(3.) COMING to know from reliable sources that the accused No. 1 Abdur Rahim Gazi was a land broker, the complainant (O.P. No. 2 herein) and his wife contacted with the accused No. 1 for purchase of land in Mouza Hathisala. As he was an extremely busy person and his wife was a 'Pardanasheen lady' they entrusted the accused No. 1 for purchasing the land and registration thereof and as per his demand the wife of the O.P. No. 2 paid a total sum of Rs. 1,02,50,000/ - and the O.P. No. 2 noted such payment in his own handwriting and signature in a diary brought and maintained by the accused No. 1 (since deceased).;