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2024 Supreme(Cal) 24

BIBHAS RANJAN DE
Harish Kumar Himatsingka – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Ayan Bhattacherjee, Arpit Choudhury, Anil Choudhury, Advocates. For the Respondents:Faria Hossain, Mamata Jana, Advocates.

JUDGMENT

1. The petitioner has preferred the instant revisional application with a prayer for quashing of the proceedings in connection with G.R. Case no. 4447 of 2011 arising out of Berhampore Police Station case no. 991 of 2011 dated 04.09.2011 under Sections 341/506/427/354/45 of the Indian Penal Code (for short IPC) pending before the Court of Learned Judicial Magistrate (for short J.M.), 3rd Court, Berhampore, Murshidabad.

2. Complainant / opposite party no. 2 herein submitted one application under Section 156(3) of the Code of Criminal Procedure (for short CrPC) alleging, inter alia, that accused/petitioner herein is a tenant under the complainant/opposite party no. 2 and the complainant was to receive a due amount of Rs. 21,31,200/- as arrear rent for 37 months. Hereinafter the complainant/opposite party no. 2 received the information that the petitioner forcefully broke the boundary wall on the western side of the said plot and constructed a shutter in order to make obstruction. When the petitioner along with some associates confronted the opposite party no. 2, he was subjected to abusive language and physical harassment. The accused even assaulted the wife of the complainant

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