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2024 Supreme(Cal) 973

TIRTHANKAR GHOSH
Minurani Maity – Appellant
Versus
Nibedita Das – Respondent


Advocates Appeared:
For the Appellant : Mr. Sabir Ahmed, Mr. Gorachand Samanta, Ms. Tasnim Ahmed, Mr. Dhiman Banerjee.
For the Respondents: Mr. Sandipan Ganguly, Mr. Karan Dhudhwewala, Mr. Uttam Kumar Bhattacharya, Mr. Kaustuv Mishra.

JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present appeal has been preferred against the judgment and order of acquittal dated 19.05.2022 passed by the learned Judicial Magistrate, 2nd Court, Tamluk in C.R. Case No. 331 of 2006 corresponding to T.R. Case No. 573/2006 wherein the learned Trial Court was pleased to acquit the accused persons from the charges under Section 447/379/427/34 of the Indian Penal Code.

2. The genesis of the case relates to a complaint case being CR Case No. 331 of 2006 which was initiated at the instance of the appellant/complainant namely, Minurani Maity against Nibedita Das, Anupam Kumar Bose, Manas Paul, Pranab Kumar Paul and other unknown four/five masons and labourers and 10/12 localites. The allegations made in the petition of complaint were to the effect that the accused persons are neighbours who are mischievous and are engaged in hooliganism. The property of the complainant is situated within the jurisdiction of Tamluk Police Station at Daharpur Mouja and D.S. & R.S. Khatiyan No. 65, L.R. No. 245/5, Dag No. 397. It has been contended that she purchased 6 decimals of land out of the 14 decimals of land in the aforesaid Dag number and within the sai

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