Calcutta High Court (Appellete Side)
Pradip Kumar Chakraborty vs In Re : An Application Under Sections ... on 8 February, 2019
1 18. 08-02-2019
debajyoti CRR No.130 of 2019 In the matter of : Pradip Kumar Chakraborty ..... Petitioner.
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In re : An application under Sections 397/482 of the Code of Criminal Procedure.
Mr. Kaushik Choudhury ..... For the Petitioner.
This is an application under Sections 397/482 of the Code of Criminal Procedure filed by the petitioner challenging the impugned order dated 15-12-2018 passed by the learned Judicial magistrate, 5th Court, Alipore in A.C. 2946 of 2018. The learned Magistrate has been pleased to dismiss the petition of complaint filed by the petitioner under Section 203 of the Code of Criminal Procedure.
Learned Magistrate has observed that the alleged dispute between the parties relates to the title of the house property which is purely civil in nature. As such, he has not found any reason to proceed against the accused persons.
From the contentions of the learned advocate for the petitioner as well as from the materials on record, it appear that the petitioner filed an application under Section 156(3) of the Code of Criminal Procedure before the learned Magistrate praying for issuance of process against the present opposite 2 parties on the allegation that on the basis of false affidavit, the opposite party no.2 recorded his name in respect of the case property. It is the specific case of the petitioner that the property in question originally belonged to one Probhavati Devi, the grandmother of the petitioner and the mother of Vivekananda Chakraborty, who is the father of the present petitioner and O.P. No.2. According to the petitioner, he is entitled to the proportionate share in respect of the said property. It is the specific case of the petitioner that the said property was recorded in the name of the grandmother of the petitioner, Probhavati Devi upto 2017 and thereafter, on 2nd May, 2018, the petitioner came to know that the said property has been recorded in the name of Tapan Chakraborty, the opposite party no.2, who is the brother of the petitioner on the basis of false affidavit.
The learned Magistrate, after considering the allegations made in the complaint, thought it proper to cause an enquiry under Section 202 of the Code of Criminal Procedure into the allegation of the complainant and asked the Officer-in-Charge, Behala Police Station to hold an enquiry.
After considering the said enquiry report, as submitted under Section 202 of the Code of Criminal Procedure and considering the materials on record, the learned Magistrate has been pleased to dismiss the complaint under Section 203 of the Code of Criminal Procedure after observing that the dispute as disclosed in the petition of complaint is purely civil in nature.
3Learned Magistrate caused an enquiry for ascertaining the fact whether the complaint has any valid foundation calling for the issuance of process to the person complained against. After considering the said inquiry report as well as nature of complaint, he has come to the conclusion that the alleged dispute is purely civil in nature.
I have gone through the enquiry report. The enquiry report under Section 202 of the Code of Criminal Procedure has disclosed that the petitioner and O.P. No.2 are brothers and there is a dispute relating to their paternal property.
After going through the impugned order as well as the material on record, I share the same view as expressed by the learned Magistrate. I do not find any reason to interfere with the impugned order. As such, the application under Sections 397/482 of the Code of Criminal Procedure is dismissed.
Certified copy of this order be immediately made available to the parties subject to compliance with all requisite formalities.
( Madhumati Mitra, J. )