Siddhartha Chattopadhyay, J. - (1.) The petitioner herein has filed this application under Section 401/482 of Cr.P.C. for quashing of proceeding in connection with English Bazar P.S. case No. 309 of 2011 corresponding to G.R. Case No. 1609 of 2011.
(2.) According to the petitioner, this case has a chequered history. The de facto complainant has filed an application under Section 156(3) of Cr.P.C. against the petitioner contending inter alia that he was the absolute owner of a schedule of land and he entered into a written agreement with the accused petitioner for promoting the said schedule land. The agreement by and between the parties took place on 04.03.2009. On 31st March, 2011 the complainant found that the accused started construction of building over the schedule land in question of the complainant. He raised protest as there was neither any sanctioned plan, nor his signature was obtained in the plan papers. The accused petitioner handed over the Xerox copy of the 'sanctioned plan' on 31st March, 2011 and after receiving the said Xerox copy, the complainant came to know that the said plan has been sanctioned and that the accused put a forged signature in the said "approved sanction plan papers". Being aggrieved at it, the de facto complainant intimated the same to the concerned authorities which includes District Magistrate, S.D.O., Chairman of English Bazar Municipality, and Superintendent of Police, Inspector-in-charge etc. As no action was taken by the said authorities so he has filed an application under Section 156(3) of Cr.P.C. Thereafter F.I.R. was registered against the accused and law was set into motion. After completion of investigation, the Investigating Officer has submitted charge-sheet under Section 468/420/34 of I.P.C.
(3.) While the investigation was going on, the de facto complainant has filed an application under Section 13 read with Section 2G of Consumer Protection Act 1986 before the District Consumer Redressal Forum and sought for a relief i.e. to deliver possession of 12 flats as per agreement dated 04.03.2009 out of 20 flats and also to deliver possession of 4 flats measuring 750 square feet each and a space of 15 feet by 10 feet for the purpose of the chamber of the complainant. In addition to that he has also prayed for Rs.7 lakhs and also compensation to the extent of Rs.2 lakhs for harassment and mental agony.;