JUDGMENT :

Ajay Kumar Gupta, J.

1. Petitioners being the accused persons filed this instant Criminal Revisional application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) corresponding to Section 482 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) seeking quashing of Charge Sheet being No. 167 of 2024 dated 30.07.2024 under Sections 420/468/469/471/34/120B of the Indian Penal Code, 1860 (in short ‘IPC’) filed in connection with proceeding being G.R. Case No. 494 of 2024 arising out of FIR being Bishnupur Police Station Case No. 111 of 2024 dated 06.04.2024 pending before the Learned Additional Chief Judicial Magistrate at Bishnupur, District –Bankura and all orders passed therein.

FACTS OF THE CASE:

2. The brief facts, leading to the filing of this Criminal Revisional application, are as follows: -

a. On 06.04.2024 at about 6:35 pm, one Debabrata Ghosh being the opposite party no. 2 herein, lodged a written complaint with the Bishnupur Police Station to the effect that ALL THAT piece and parcel of Danga land measuring about 0.0825 acres comprising R.S. Plot No. 14104 (L.R. Plot No. 7908), R.S. Khatian No. 1647, Mouza – Bishnupur Municipality, J.L. No. 101 within the jurisdiction of Bishnupur Police Station, District – Bankura was entrusted upon his brother, namely, Satyabrata Ghosh as Power of Attorney Holder being empowered by Sri Shyama Prasad Nandi and Smt. Arati Nandi vide registered Power of Attorney bearing Deed No. 00200 for the year 2013 dated 10.05.2013.

b. The opposite party no. 2 purchased the said property from his brother by Deed of Sale being No. 01699 for the year 2014, dated 24.06.2014. Meanwhile, petitioner no. 1 allegedly claims himself to be the owner of the said property. He claims that he became the owner by way of a gift deed from his elder brother, the petitioner no. 2 herein, who was the erstwhile recorded owner of the land in the office of the BL & LRO. Thereafter, Petitioner no. 1 sold the said property to one Seema Sen, though all conveyances are based on false representations and forged one.

c. On the basis of the said written complaint lodged by the opposite party no. 2 herein, an FIR being Bishnupur Police Station Case No. 111 of 2024 dated 06.04.2024 under Sections 420/468/469/471/34/120B of the IPC was registered, and an investigation was initiated against the present petitioners and Seema Sen.

d. Upon completion of investigation, a charge sheet being No. 167 of 2024 dated 30.07.2024 under Sections 420/468/469/471/ 34/120B of the IPC has been submitted only against the petitioners herein, exonerating Seema Sen. The case of the petitioners is that the petitioner no. 2 became the owner of the land by way of inheritance, as his family has occupied the land since generations.

e. Upon local inspection conducted by the officers of the respective BL & LRO, the name of the petitioner no. 2, elder brother of petitioner no. 1 herein, was recorded in the L.R. & R.O.R. in respect of the subject property on the basis of his possession and occupation over the said property over a long period of time. Subsequently, petitioner no. 2, being the recorded owner of the subject property, transferred his right of ownership in favour of the petitioner no. 1 herein by virtue of the Gift Deed being No. 02186 for the year 2014, registered in Book No. I, CD Volume No. 6, Pages from 1988 to 1998 before the A.D.S.R. Bishnupur, District – Bankura on 18.07.2014

f. The name of petitioner no. 1 was accordingly mutated in the Record of Rights as Raiyat in respect of the subject property. Thereafter, the petitioner no. 1, being the sole owner of the subject property, absolutely seized and possessed of the same, transferred his right of ownership in favour of one Seema Sen by virtue of Sale Deed for the year 2014 registered before the A.D.S.R. Bishnupur, District – Bankura.

g. The opposite party no. 2, claiming himself to be the owner of the subject property, filed an appeal under Section 54 of