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2023 Supreme(Cal) 1427

SIDDHARTHA ROY CHOWDHURY
Palatak Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sourav Chatterjee, Navin Barik, Sayan De, Esha Acharya.
For the Respondents: Aditi Sankar Chakraborty, Nilay Chakraborty, Sabyasachi Banerjee, Pratim Roy, Bapi Sarkar.

JUDGMENT :

SIDDHARTHA ROY CHOWDHURY, J.

1. The petition under consideration takes exception to the order no. 56 dated 1st August, 2022 passed by learned Judicial Magistrate, 4th Court, Siliguri in G.R. Case No. 2909 of 2015 arising out of Siliguri P.S. Case No. 758 of 2015 dated 20th August, 2015.

1.1 Briefly stated, on 20th August, 2015, Sri Palatak Ghosh informed the Inspector-in-charge of Siliguri Police Station in writing that his father Sudhhir Chandra Ghosh was the owner of the property in question. On 15th August, 2015 the informant went to the said property when some local people informed that way back in the year 2000 the property was sold to some persons of Siliguri. It was quite surprising an information, and after searching the office of the concerned authorities he came to know that one deed of sale was executed in the name of his mother Bimala Bala Ghosh in favour of Debdas Mukherjee and five other persons on 12th November, 2000. Though the registration was completed in the year 2003 and duly transcribed in the Book No. I Volume No. 35 being no. 1516 for the year, 2003. Smt. Bimala Bala Ghosh did not execute the document no. 1517 of 2003. The document was forged and fabr

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