IMPORTANT POINT
Civil disputes cannot be agitated before Criminal Courts.

JUDGMENT

Shampa Dutt (Paul), J.—The present revisional application has been preferred praying for quashing of the proceeding in Case No. C/856 of 2011 under Sections 418/419/467/468/471/34 of the Indian Penal Code and for setting aside of all orders passed in the said case now pending before the Court of Ld. Metropolitan Magistrate, 14th Court at Calcutta.

2. The petitioners’ case is that the petitioner no. 1 and 2 are brothers of the opposite party no. 2 and they are all sons of Late Santi Kumar Chatterjee. Petitioner no. 3 is the wife of petitioner no. 1 and petitioner no. 4 is the son of petitioner no. 1. Petitioner no. 5 is the wife of petitioner no. 2.

3. In the year 2005, the opposite party no. 2 namely Atanu Chatterjee being the plaintiff filed a suit being Title Suit No. 813 of 2005 before the Court of Ld. Judge, 3rd Bench, City Civil Court at Calcutta against (1) S.K. Chatterjee Estate Pvt. Ltd., a company registered under Companies Act, 1956 having its registered office at 20/1, Maharshi Debendra Road, P.S.-Barrabazar (now P.S.-Posta), Kolkata-700007, (2) Santi Kumar Chatterjee, Managing Director of S.K. Chatterjee Estate Pvt. Ltd. residing at 18/2, Muktaram Dey Lane, Howrah and (3) Smt. Gita Chatterjee wife of Santi Kumar Chatterjee, Director of S.K. Chatterjee Estate Pvt. Ltd. residing at 18/2, Muktaram Dey Lane, Howrah being the father and mother of the parties herein as defendants. Santanu Chatterjee son of Santi Kumar Chatterjee and Partha Chatterjee son of Santi Kumar Chatterjee were made proforma defendants in the said suit. In connection with the said suit opposite party no. 2 herein being the plaintiff filed an application under Order 39 Rule 1 and 2 read with Section 151 of CPC against the defendants of the said suit with a prayer for injunction restraining the defendants/opposite parties and their men and agents from assigning, transferring, letting out any portion of the property of the company.

4. The Ld. Judge, 3rd Bench, City Civil Court by an order dated 19.04.2006 being Order No. 22 rejected the injunction petition.

5. Sri Atanu Chatterjee (opposite party no. 2 herein) then filed an application dated 16.11.2005 in Title Suit No. 813 of 2005 praying for directing the defendants not to illegally obstruct the plaintiff to enter his room at premises no. 18/2 Muktaram Dey Lane, Howrah and to take necessary articles as mentioned in the said petition. The said application came up for hearing on 17.10.2006 before the Ld. Judge, 3rd Bench, City Civil Court and upon hearing both sides the said application dated 16.11.2005 filed by the plaintiff namely Atanu Chatterjee was rejected on contest.

6. On 20.09.2005, S.K. Chatterjee, Gita Chatterjee and others moved a writ petition before the Hon’ble High Court at Calcutta against the action on the part of the police authorities as per instruction of Atanu Chatterjee, which was registered as W.P. No. 8435(w) of 2005. The said application came up for hearing before the Hon’ble Court and upon hearing, the Court had been pleased to dispose of the said application by an order inter alia directing the police authority not to harass the petitioners without due process of law.

7. On 15.04.2007 the Managing Director of M/S S.K. Chatterjee Estate Pvt. Ltd., namely Santi Kumar Chatterjee declared through a paper publication in “Anandabazar Patrika” that Sri Atanu Kumar Chatterjee (the opposite party no.2 herein) son of Santi Kumar Chatterjee does not have any rights, title and interest in respect of the said company.

8. That during the lifetime of S.K. Chatterjee, Managing Director of M/S S.K. Chatterjee Estate Pvt. Ltd. transferred his 699 shares of M/S S.K. Chatterjee Estate Pvt. Ltd. in favour Partho Chatterjee (474 shares) and Sabya Chatterjee (225 shares) which appears from Annual Return for the year 2005-06 submitted before the ROC and 1 (one) share was transferred in the name of Susmita Chatterjee which appears from the Annual Return for the year 2007-08 submitted befor