JUDGMENT :

1. Petitioner being the accused of G.R.Case No.1285 of 2007 arising out of Shakespeare Sarani Police Station Case No. 131 of 2007 dated 06.06.2007 has approached before this Court for quashing of the said proceedings pending before the Learned Metropolitan Magistrate, 20th Court, Calcutta.

Facts

2. Which are essential to consider the prayer of the petitioner for quashing of the criminal proceeding pending against him are as under:-

Opposite party no.2, Mr. T. Parthasarathy, Defence Estates Officer, Kolkata Circle, of Ministry of Defence, Office of the D.E.O. Kolkata Circle, 13, Camac Street, Kolkata-700 017, on 06.06.2007 lodged a written complaint with the officer-in-charge at Shakespeare Sarani Police Station.

3. Accused/petitioner is one of the Directors of Tara Properties Pvt. Ltd. which is the owner of the property situated 13, Camac Street, Kolkata- 700017. On the basis of the complaint lodged by Mr. T. Parthasarathy, Shakespeare Sarani Police Station Case No.131 dated 06.06.2007, was initiated against the petitioner for commission of the alleged offence punishable under Section 430 of the Code of Criminal Procedure, 1973. It was alleged in the said F.I.R. that the peti