The main legal point established is the application of Section 195 of the Code of Criminal Procedure, which restricts the cognizance of certain offences by a court without a proper complaint.

JUDGMENT

Ajoy Kumar Mukherjee, J. - Present application under Section 482 of the Code of Criminal Procedure has been preferred for quashing of the complaint case, being C-1999 of 2018, under Sections 199/200/211/499/500 of the Indian Penal Code, initiated by the opposite party no. 2 against the present petitioner, which is pending before the learned Chief Judicial Magistrate, Alipore.

The respondent no. 2 herein in aforesaid C-1999 of 2018 alleged that:-

i) The respondent no. 2 is the legal advisor in respect of all legal affairs of Azimunnessa and Amina Bibi Wakf Estate, in favour of Moinuddin Nadir.

ii) The respondent no. 2 being the legal advisor have taken steps against the present petitioner being one of the beneficiary of the said wakf Estate for his alleged wrongful act as per the instruction of her client Moinuddin before the Central Wakf Council and also before the Wakf board of West Bengal and the petitioner out of zealous and personal grudge to stop her from giving proper legal support in favour of her client started harassing her in various ways.

iii) The petitioner herein with a view to malign the good reputation in the locality of the respondent no. 2 lodged a false criminal proceeding under Section 144 of the Code of Criminal Procedure being MP case no. 399 of 2018 before the court of Learned 1st Executive Magistrate, Alipore with several false allegations against the opposite party no. 2 herein.

iv) The opposite party no. 2 after going through the contents of the petition under Section 144 of the Code of Criminal Procedure found that various defamatory words addressing the opposite parties have been made in the said petition and as such she felt herself defamed by the act of the petitioner being supported by false declaration. The allegation made by the petitioner in the said criminal proceeding initiated under Section 144 of the Code of Criminal Procedure has maligned the moral and intellectual character of the opposite party no. 2 as well as the reputation in the esteemed law profession and as such the petitioner herein committed offence under Section 199/200/211/499/500 of the Indian Penal Code.

2. Learned advocate for the petitioner Mr. Nauroj Rahber submits that the opposite party no.2 has initiated the aforesaid proceeding against the petitioner on some false, fabricated and concocted allegations only to create undue pressure upon him and to stop him from making agitation against the encroachment and illegal construction over the wakf Estate. He further submits that the allegation as alleged in the said complaint case being C-1999 of 2018 has no link with the ground reality and he filed the said complaint suppressing material fact in as much as the property in question at 7/H/3, MBG Lane have been leased out to the husband of opposite party no.2.

3. Mr. Rahber learned advocate for the petitioner further submits that the order of taking cognizance is bad in law in as much as accepting the totality of the allegations as contained in the complaint and other materials on record, the ingredients of Section 199/200/211/499/500 of the Indian Penal Code are not remotely satisfied and the said order of taking cognizance dated 7.6.2018 is cryptic and not sustainable and the said order is passed in routine and haste manner and without considering the circumstances of the matter and without appreciating materials on record. The said order of taking cognizance lacks application of judicial mind. He further submits that a person should not undergo harassment of litigation for a number of years although no case has been made out against him.

4. He further submits that learned Magistrate ought to have postponed the issue of process against the petitioner and ought to have enquired into the case himself for the purpose of deciding whether or not there is sufficient ground for proceeding. The order passed by the learned Magistrate regarding issuance of process is an example of total non-application of judicial mind as also evident