SHIB SADHAN SADHU, J. - (1.) THE aforesaid Nine (9) Revisions are being disposed of by a common judgment as common issue of law based on similar facts, arise for consideration
(2.) CHALLENGE in these Revisions by the petitioners is to their summoning orders dated 25.03.2008, 31.03.2009, 14.01.2009, 15.01.2009, 21.03.2009, 15.01.2009, 03.03.2009, 04.02.2009 and 04.02.2009 passed by the Learned Metropolitan Magistrate, 6th Court, Calcutta in complaint case No.C -4328 of 2008, by the Learned Metropolitan Magistrate, 14th Court, Calcutta in complaint Case No.C -26414 of 2008, C -26411 of 2008, C -26412 of 2008, C -26413 of 2008, C -26410 of 2008 and C -39533 of 2008 and by the Learned Judicial Magistrate, 9th Court, Alipore in Complaint Case No.C -62 of 2009 and C -63 of 2009 respectively under Section 500 of the Indian Penal Code and the entire proceedings of the aforesaid trials.
(3.) 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. Revisionist accused is the Managing Director of a Company namely Pataka Industries Pvt. Ltd. having its registered office at Trimurthi Apartment, 4th Floor, 97 Park Street, P.S. Park Street, Kolkata - 700016. In his estimation complainant had a brilliant academic career and he passed the Civil Service Examination conducted by the UPSC in his very first attempt. He had secured first division/first position in all examinations and he won the gold medal in his LLB(Hons.) examination. He also obtained Master Degree in History in the year 2000. He served the police service with distinction and discharged various duties assigned to him successfully with satisfaction and appreciation of the Authority. By virtue of his achievements the complainant held a very high position in the society and is respected by the people at large. The accused Mustak Hossain (petitioner herein) was known to the complainant and his family. The complainant and his wife have filed a Civil and a Criminal case in August/September, 2007 at Alipore Court for recovery of their land and money and for his punishment under Section 420/406/120B IPC. The Civil Court has issued ad interim order of injunction in favour of complainant and the Criminal Court has issued summons against the accused and seven others. To defame the complainant and to tarnish his family prestige, petitioner/accused, who harboured animosity against him, had, knowingly sent frivolous and false complaints against him to the Hon'ble Chief Minister of West Bengal, Writers' Buildings, Kolkata, on 03.03.2005 because of which, complainant was morally and intellectually tormented and his image was tarnished and his reputation was damaged in estimation of general public. All this was done with intention to cause harm to his reputation and with temerity and as an abasement. Petitioner/accused had also published those allegations and had even tendered them before the Alipore Court, as an annexure in the said Civil Suit which was filed by the complainant against him, when the Civil Court had no concern with such writings. This was done by the accused/petitioner only with the motive to bring down the complainant's social prestige and with a view to destroy his service career. In that letter dated 03.03.2005 addressed to the Hon'ble Chief Minister of West Bengal, it was mentioned " Between February, 2004 and August, 2004 Akbar Ali khan took Rs.1,60,00,000/ - in cash from them from time to time for purchase of land but he gave Rs.1,02,50,000/ - to Mr. Abdul Rahaman Gazi and he refused to repay the balance amount of Rs.57,50,000/ - " , .. " that he deliberately withheld 76 IGRs in respect of the plots purchased by registered deed", ."that it has been learnt that Mr. Khan has connection with notorious anti -socials who are in visiting terms with him and that he threatened the petitioner and his family". (C -4328 of 2008). In the letter dated 20.03.2006 written by the petitioner No.3 to the Hon'ble Chief Minister, West Bengal, the following defamatory statements have been made: " I am shocked to see one Govt. servant of IPS status using his position and office for his undue personal interest. Meanwhile, Mr.Khan has indeed arranged a complaint in Kolkata Leather Complex P.S., South 24 Parganas against Mr. Abdur Rahim Gazi " (C -26414 of 2008) ;