Md. Mumtaz Khan, J. - (1.) The instant revision has been preferred by the petitioner assailing the judgment and order dated March 30, 2015 passed by the learned Additional Sessions Judge, Gangarampur at Buniadpur, Dakshin Dinajpur in Criminal Revision No. 2 of 2014. By the impugned order learned Additional Sessions Judge set aside the order dated May 14, 2014 passed by the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur in GR No. 1101 of 2012 arising out of Kushmandi P.S. Case No. 172 dated September 14, 2012 under Section 420/406/34 of the Indian Penal Code accepting the final report as mistake of facts and discharging the petitioner from the case.
(2.) The complainant Rajjak Ali/O.P. No. 1 lodged a complaint under Section 156 (3) of the Code of Criminal Procedure before the Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur alleging that the petitioners along with BL & L R O, Kushmandi illegally deleted his name from the record of rights in respect of 0.33 decimals of lands appertaining to plot no. 721, khatian No. 742 , J.L. No. 44, Mouza Bounbari, P.S. Kushmandi, District Dakshin Dinajpur which he got from his mother Najimannesa Bewa by a deed bearing no 8784 dated September 1, 1993 and reincorporated the name of his mother and got the property re-sold to the petitioner no.1 on May 17, 2011.
(3.) On the basis of the said complaint a Kushmandi P.S. Case No. 172/2012 dated September 14, 2012 under Section 420/406/434 of the Indian Penal Code was started. After completion of investigation a final report was submitted before the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur as being mistake of fact and the matter being civil in nature which was accepted by the learned Magistrate. Being aggrieved by the same, complainant preferred revision being Criminal Revision No. 02 of 2014 and the learned Additional Sessions Judge, Gangarampur at Buniadpur, Dakshin Dinajpur by the impugned order allowed the said revision and set aside the order passed by the learned Additional Chief Judicial Magistrate and directed the investigating officer to re-investigate the case and submit a report. Being aggrieved by and dissatisfied with the same petitioners have preferred the instant revision.;