Rongon Mukhopadhyay, J. - (1.) In this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with C. P. Case No. 248 of 2008 including the order dated 20.05.2009 by virtue of which cognizance has been taken for the offences punishable under Sections 420/34 of the Indian Penal Code.
(2.) The prosecution story as would appear from the complaint petition instituted by the opposite party no. 2 is to the effect that a decree was passed in favour of the complainant in Title Suit No. 04 of 1986 against which the defendant had preferred an appeal being Title Appeal No. 58 of 1989 which was, however, dismissed.
(3.) An execution case was instituted being Execution Case No. 01 of 2006 in which the learned Munsif, Bermo at Tenughat had directed for delivery of possession in favour of the complainant. It has been alleged that at the time of execution of the decree the accused persons had given an oral assurance that within a period of ten days the complainant would be given delivery of possession. Subsequently, however, the complainant received a letter dated 07.07.2008 issued by the accused no. 2 in which the allotment made in favour of the complainant was cancelled and, therefore, since according to the complainant the same was deliberately and wilfully done by the accused persons with a criminal intent the complaint case was instituted.;