ASIM KUMAR ROY Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-8-27
HIGH COURT OF CALCUTTA
Decided on August 27,1996

Asim Kumar Roy Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

GANESH NARAYAN HEGDE V. S. BANGARAPPA [REFERRED TO]
HABIBAR RAHAMAN KHAN VS. JAGANNATH MONDAL [REFERRED TO]
NILIMA BHATTACHARYA VS. STATE [REFERRED TO]


JUDGEMENT

SURYA KUMAR TIWARI, J. - (1.)THIS revision petition under sections 401 and 482 of the Code of Criminal Procedure has been filed for quashing the proceeding being No. C -892 of 1994 pending in the Court of the learned Chief Judicial Magistrate, Alipore.
(2.)THE facts of the case in brief are that upon an application of Opposite Party No. 2 Lakshmi Kanta Adhikary, the learned Executive Magistrate registered a case under section 144, Cr.P.C., being M.P. Case No. 2972 of 1993, on 1.12.1993 the learned Magistrate passed the following order :
"Heard learned lawyer of P.P. Seen the documents made by O.P.O/C Kasba P.S. to enquire and report by 23.12.93. He should see that no breach of the peace taken place and see that meanwhile status quo over the suit property be maintained."

(3.)IT has been alleged that in spite of the order of status quo the present petitioner transferred the disputed house in favour of one R.S. Khaitan.
The opposite party No. 2 filed an application before the learned Executive Magistrate and requested the Court to file a complaint under section 188, I.P.C., since the present petitioner has violated the Court's order dated 2.12.93 by transferring the disputed house to the said R.S. Khaitan. The learned Magistrate directed the police to make an enquiry. After the police submitted its report the learned Executive Magistrate heard the parties and directed a petition of complaint to be filed in the Court of the learned Chief Judicial Magistrate, Alipore.

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