Debi Prosad Dey, J. - (1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the charge-sheet in connection with Entali Police Station Case no. 348 dated 16.12.2010 under Section 448 of the Indian Penal Code corresponding to G.R. Case no. 3362 of 2010 in respect of charge-sheet no. 187 of 2013 on the ground that the case under reference is not maintainable in law in view of the fact that the petitioner remains in possession of the property and the petitioner being the sole surviving trustee used to occupy the property from before the alleged occurrence.
(2.) Learned advocate appearing on behalf of the petitioner contends that the beneficiaries of the property sold out the property in favour of opposite party no. 2 by a registered deed of transfer and the said deed was executed on May 13, 2010 beyond the participation and knowledge of the present petitioner. However, the petitioner filed a Title Suit being no. 185 of 2010 in the court of learned Civil Judge (Senior Division) at Sealdah challenging the deed of transfer made by some of the owners of the trustees in favour of the opposite party no. 2 and the learned trial court after hearing both the parties decreed the suit in favour of the petitioner holding, inter alia, that the petitioner was in possession of the property from before. It is submitted that in that Title Suit, the opposite party no. 2/defendant no. 1 of that suit by filing the written statement admitted that he was never in possession of the suit property.
(3.) On careful consideration of the schedule property with the decree as well as the First Information Report of this case, it transpires that the description of the property in the First Information Report matches with the property described in the schedule of the decree.;