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AJOY KUMAR MUKHERJEE
Indus Tower Limited – Appellant
Versus
Narayan Chandra Rajak – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - This revisional application has been preferred for quashing of proceedings in Case No. 986C of 2018 now pending before the learned Judicial Magistrate, 3rd Court Bankura under section 406/420/423/506/120B of the Indian Penal code. Opposite party is not represented. It is submitted in the complain that opposite party is the co-sharer of the undivided ancestral property being khatian No. 601, Dag No. 1212 and 1213 under Mouza Ramchandrapur, Bankura. Co-accused persons are the other co-sharers of said property. In the month of June, 2007, accused No. 5 had given proposal to the opposite party to set up a mobile tower at the said property at a monthly rent of Rs. 10,000/- and sum will be divided among four co-sharers. In the month of January, 2008 when opposite party visited the said property, he found that adjacent vacant land was being used for construction of telecom tower. On enquiry opposite party came to know that an agreement was signed between Adal Rajak, Sukhamoy Rajak and other with M/S Bharti Infratel Limited by which licence was granted at a monthly license fee of Rs. 7,500/- per month of which each co-sharer will get Rs.3,500/- per month
The main legal point established in the judgment is the mandatory requirement for the Magistrate to carefully scrutinize the complaint, examine the complainant and his witnesses, and conduct an inqui....
The mandatory provision of Section 202 of the Code of Criminal Procedure must be followed before issuing process against the accused residing outside the jurisdiction.
The main legal point established in the judgment is the mandatory requirement of conducting an inquiry under Section 202 of the Code of Criminal Procedure before issuing process against an accused re....
It is mandatory for a Magistrate to conduct an inquiry or investigation before issuing process against an accused who resides beyond the territorial jurisdiction of the Magistrate.
A Magistrate is required to conduct an inquiry under Section 202 of the Cr.P.C. before issuing process against an accused residing outside the jurisdiction of the Court to prevent the harassment of i....
The Magistrate must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
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