JUDGMENT

1. This is an application u/s 401 read with Section 482 of the Code of Criminal Procedure preferred against an order dated 05.04.2017 passed by the Learned Chief Judicial Magistrate 6th Court, Sealdah GR Case No. 2002 of 2009 arising out of Phoolbagan, Police Station Case No. 161 of 2009 dated 19.06.2009 u/s 120B/467/420 of the IPC thereby rejecting the petitioner’s prayer for discharge.

2. The brief fact of the case is that the present OP No. 2 had lodged a complaint with the Phoolbagan PS on 19.06.2009 alleging inter alia for commission of offence by the petitioners and one another punishable u/s 467/468/471/120B/420 of the IPC. It is alleged in the petition of complaint that the father of the OP No. 2 namely Late Manaj Kumar Banerjee was a lessee in respect of the property being CIT Scheme (VI)-M plot No. 99 for 99 + 99 years but due to major cerebral attack in May, 2000 the right side of the father of the OP 2 got paralysed. Subsequently, he died on 29.09.2003.

3. It is further stated in the petition of complaint that Late Manoj Banerjee used to reside stay at 48B, Pike Para Row with the family of his brother, although, OP 2 used to stay separately from her father but she