Calcutta High Court (Appellete Side)
Saugata Chakraborty vs The State Of West Bengal & Anr on 6 January, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
06.01.2023 Sl. No. 20.
D/L. Mithun.
Ct.No.42.
CRR/4335/2022 Saugata Chakraborty Vs. The State of West Bengal & Anr.
Mr. Sabir Ahmed, Adv.
Mr. Sayak Ranjan Ganguly, Adv.
Ms. Srijani Ghosh, Adv.
...for the petitioner.
The petitioner is an employee of TATA Capital Housing Finance Limited. The petitioner has approached this Court invoking jurisdiction under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings being G.R. Case No.2723 of 2022 presently pending before the learned Additional Chief Judicial Magistrate at Barrackpore, North 24-Parganas arising out of Naihati Police Station Case No. 150 of 2022 dated 1 st April, 2022 under Sections 448/323/354/506/34 of the Indian Penal Code.
It is submitted on behalf of the petitioner the private opposite party took a housing loan from TATA Capital Housing Finance Limited. The loan amount was 22,70,000/-. The opposite party defaulted in payment of EMI. Therefore, the Company took legal steps by issuing and publishing a notice under Section 13(2) of the of the SARFAESI Act for attachment of the mortgage property. In order to get rid of such statutory rigour, the de-facto complainant/opposite party No.2 has filed a written complaint, on 2 the basis of which Naihati Police Station Case No.150 of 2022 was registered. The allegations are absolutely vague and abuse of the process of law only to prevent TATA Capital Housing Finance Limited from realizing its lawful dues.
The instant revision is admitted.
Petitioner is directed to service notice upon the opposite party No.2 under registered speed post with acknowledgment due and file affidavit of service within three weeks from the date of this order.
The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta.
In the meantime, no coercive steps shall be taken against the petitioner by the Investigating Officer.
( Bibek Chaudhuri, J. )