NURE ALAM CHOWDHURY, J. - (1.) THIS application under Section 482 of Cr. P.C. on behalf of the accused petitioner Hari Prasad Kedia is directed for quashing the investigation carried on pursuant to an order dated 26.9.95 passed by the Ld. Additional Chief Metropolitan Magistrate, Calcutta, under Section 156(3) of the Cr. P.C. forwarding the petition of complaint filed before him by the complainant Ram Niranjan Kedia who is the opposite party No. 2 before this Court, to the Deputy Commissioner of Police (1) Detective Department Calcutta, for causing investigation, treating the complaint as FIR which has been recorded as section 'D' (DD) case No. 444 of 1995 and was under investigation by the Anti -cheating Section, Lalbazar, Calcutta.
(2.) BY order dated 5.1.96 this court on the said application, the matter was directed to be heard as a contested application and the said investigation has remained stayed.
(3.) HEARD the learned counsels for all the parties, perused the records. It appears from the contents of the said petition of complaint that the complainant Ram Niranjan Kedia and the accused petitioner Hari Prasad Kedia belong to a very opulent business family of Calcutta and are governed by the Mitakshara School of Hindu Law and are residents of the same premises at P -3, Kalakar Street, Calcutta -7 although living separate in mess having Joint - ancestral property comprising of immovable properties including house properties in posh business areas of Calcutta and movable including diamond studded ornaments worth lakhs of rupees besides other valuable properties. The complainant -Ramniranjan Kedia was the son of Tansukhrai Kedia by his first wife Godabari Devi and after the death of Godabari Devi Tansukhrai Kedia married Sabitri Devi and the accused petitioner Hari Prasad Kedia is the son of Sabitri Devi, 2nd wife of Tansukhrai Kedia but the complainant Ramniranjan Kedia was taken in adoption by Purni Debi Kedia, wife of Mahendra Lal Kedia, elder brother of Tansukhrai Kedia as the couple had no male child and accordingly the relationship of step -brother between the accused Hari Prasad Kedia and the complainant turned into cousins after the said adoption.;