( 1 ) THIS is an application under Section 482 of the Code of Criminal Procedure filed at the instance of Monoharlal Dutt, petitioner herein, seeking to quash the proceeding in M. P. Case No. 774 of 2002 pending before the Ld. Executive Magistrate, Howrah (Sadar) under Section 133 of the Code of Criminal Procedure.

( 2 ) THE short facts leading to the filing of this revisional application are as follows :the petitioner herein had purchased the plot No. 1130 and other 14 plots of lands mentioned in paragraph 1 of his application of Mouza - Sulati. P. S. Sankrail, Howrah by virtue of various valid deeds of conveyance.

( 3 ) IT has further been alleged that the wife of this petitioner Smt. Krishna Dutt is the absolute owner of Plot Nos. 529. 1203 and 1225 of Mouza Sandipur, P. S. Sankrail, Howrah by virtue of her purchase by diversed deeds.

( 4 ) IT has further been alleged that after their purchase, the petitioner developed the said plot of land and those have been divided into different plots for the purpose of conveyance to the prospective buyers as the marketable plots and in course of development of those plots, the petitioner built a private road in those plo