Calcutta High Court (Appellete Side)
Ratan Chand Bhurat @ Ratan Chand Vurrat vs Unknown on 19 March, 2021
Author: Jay Sengupta
Bench: Jay Sengupta
08 19.03.2021 C.R.R. 837 of 2021 rkd Ct. no.32
In the matter of: Ratan Chand Bhurat @ Ratan Chand Vurrat ....petitioner.
Mr. P. Mukherjee, Mr. A. K. Das ...for the petitioner.
This is an application praying for quashing of a proceeding in which charge sheet was submitted under Sections 188, 379 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits as follows. The licence agreement was entered into between the informant and the accused/petitioner regarding the property that belonged to the petitioner. The said licence was to be there for twelve months and was to expire on 31.07.2018. After the expiry of the term the defacto complainant filed a civil suit for declaration as a tenant in respect of that property. Failing to get any injunction, he filed a writ application before this Court seeking a direction that a police case may be started in this respect. By an order dated 23.04.2018 passed in W.P. 4304(W) of 2018, a Co-ordinate Bench of this Court held that the matter was clearly civil in nature. The writ application was dismissed without any interference with the proceeding. This order was challenged by the defacto complainant before the Division Bench of this Court. However, the same was dismissed for default for non-representation of the petitioner on 17.02.2020 in MAT 460 of 2018 with CRAN 4279 of 2018. Failing to make any headway in the writ proceeding, the defacto complainant lodged an F.I.R. on 08.06.2018, inter alia, alleging theft of articles. Again on 30.09.2018, the petitioner made similar 2 allegations and had the present first information report registered. After a perfunctory investigation, a charge sheet was submitted in this case. No prima case is made out against the petitioner as would be evident from a plain reading of the first information report and the charge sheet. The initiation of the proceeding was actuated by malice. Any further continuation of the impugned proceeding shall be an abuse of the process of Court.
The petitioner shall serve a copy of the application upon the State through Public Prosecutor, High Court, Calcutta as also upon the opposite party no.2 by speed post with acknowledgment due, within a week. An affidavit of service to that effect shall be filed on the next date of hearing.
Let this matter appear under the heading "Contested Application" four weeks hence.
The impugned proceeding shall remain stayed for a period of five weeks from this date.
Liberty is granted to the parties to apply for extension or modification or vacating of the interim order upon notice to the other side.
The State is directed to produce the case diary on the next date of hearing.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Jay Sengupta, J.)