CHANDER MOHINI KHULLER Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
CHANDER MOHINI KHULLER
STATE OF WEST BENGAL
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N.K.Bhattacharyya, J. -
(1.)-By this revision one of the accused persons has challenged the proceeding pending in the Court of the learned 10th Judicial Magistrate, 24-Parganas (South) in complaint case No. C-1526 of 1993 T. R. No. 302 of 1993 and also for setting aside the order of taking cognizance and issuance of process against the accused petitioner and otters under Section 120B, 114 and 448 of the Indian Penal Code passed by the said learned Magistrate by his orders dated 7th September, 1993 and order dated 29th January, 1994 respectively and also rejection of the petition of the petitioner under Section 205 of the Cr. Procedure Code. The relevant facts for the disposal of this application are delenated hereunder :
(a) In his petition of complaint the complaint/opposite party No. 2, herein, inter alia, alleged that he is an employee and a representative of "New Road Nyas" a public charitable trust located at Premises No. 1A, Lal Behari Shah Sarani, Calcutta within the jurisdiction of Alipore Police Station.
(b) It has further been alleged that the present accused/petitioner was the lessee in respect of the 1st floor of premises No. 1A, Lal Behari Shah Sarani formerly known as New Road, Calcutta and the lease has expired sometime in 1986.
(2.)The accused-petitioner left the premises in 1986 giving illegal possession of the 1st floor of the said building to accused No. 2, Baldeb Chowdhury, who had trespassed into the said 1st floor flat along with some Nepali foreigners and at the instigation of the present accused-petitioner, they are causing mischief to the wooden moveable properties of the said trust such as windows, bathroom fittings, parapet Iron railings etc.
(3.)The trust lodged an FIR before the Alipore Police Station on 19th August, 1993 and as no action was taken on that, a complaint was filed thereafter in the Court of Sub-divisional Judicial Magistrate , Alipore, 24-Parganas (South) by the opposite party No. 2 herein and the learned Sub-divisional Judicial Magistrate after taking cognizance on that application transfer the case to the Court of the learned 10th Judicial Magistrate, Alipore by his order dated 4th September, 1993.
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