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J.N.HORE
Ganesh Prasad Kshetry – Appellant
Versus
Chanchal Kumar Roy – Respondent


JUDGMENT

J.N. Hore, J. - This revisional application at the instance of the complainant petitioner is against the order dated 20-9-1984 passed by the learned Metropolitan Magistrate, 8th Court, Calcutta in Case No. C/94 of 1984 discharging the accused opposite patty Nos. 1 and 2 under Section, 430 of the Indian Penal Code.

2. Complainant petitioner filed a petition of complaint in the Court of the learned Additional Chief Metropolitan Magistrate, Calcutta on 7-3-1983 alleging commission of an offence under Section 430 of the Indian Penal code against the accused opposite parties. The allegation in the said petition of complaint inter alia are that the complainant petitioner is a tenant under one Amiya Kumar Roy in respect of the back portion of a three storeyed building being premises no. 255A, Chittaranjan Avenue, P.S. Jorasanko, Calcutta-6 consisting of 7 rooms one kitchen and one bath-room in each floor since 1950 and he has been enjoying all facilities including water, electricity etc. in respect of the said tenancy. The complainant petitioner used to get water supply in an the floors by water pipe lines throughout the whole day and night. The previous landlord of the complaina

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