JUDGEMENT
SANKAR ACHARYYA, J. -
(1.) This is an application under Section 482 of the Code of
Criminal Procedure, 1973 filed by sole petitioner for quashing of
proceedings being Case No. C 2511 of 2013 pending before
learned 3rd Judicial Magistrate, Alipore, South 24 Parganas under
Sections 199/200/209 of the Indian Penal Code, and all orders
passed in that case including the order dated, 22.07.2013 passed
by that Court.
(2.) The respondent No. 1 the State of West Bengal and the respondent No. 2 Rabindra Nath Kanji both were represented
through their respective advocates at the time of hearing this case.
(3.) The case of the sole petitioner in substance is that the respondent No. 2 lodged a petition of complaint against the present
petitioner and her father (deceased at present) alleging inter alia
that the petitioner's father was a tenant in a premises of respondent
No. 2 and the respondent No. 2 filed a suit for eviction against him
which was dismissed on contest. Then the tenant voluntarily left
the premises bag and baggage. Thereafter, in connivance with the
present petitioner her father tried to take forcible possession in that
premises but failed. After that creating false documents and
affidavits alleging their payment of rent to respondent No. 2 month
by month falsely and fraudulently the petitioner's father in
collusion with the petitioner deposited rent with Additional Rent
Controller, Alipore practising fraud upon said Rend Controller and
manufactured fraudulent document in order to deceive the
respondent No. 2. Relating to tenancy of that premises civil suits
are pending between the parties. The respondent No. 2 mentioned
Section 420/406/209/200/199 of the Indian Penal Code in the
petition of complaint as the facts stated in the petition of complaint
attract those sections regarding commission of offence by present
petitioner and her father as accused persons.;
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