Last heard on : 16.07.2025 Judgement on : 01.09.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the accused persons/petitioners against an order dated March 7, 2007 passed by the Learned Judicial Magistrate, 4th Court, Howrah, in G.R. case no 2538 of 2005 under Section 504 /506/379/34 of the Indian Penal Code whereby the petition under Section 239 of Criminal Procedure Code filed by the petitioner for discharge has been rejected during pendency of this revisional application.

2. The de-facto complainant /Opposite Party no 2 expired as per process information handed over and direction was given to the state to verify the authenticity of the said statement. Accordingly the report was submitted which was affirmed. The fact of the case was that a complaint lodged under Section 156 (3) of Criminal Procedure Code was filed by the Opposite Party no 2 since deceased alleging inter alia that he along with his brother being the co-sharer of a pond situated at Dag no 133, Khatian No 156, 60 and 49 of Mouza Haphezpur, of which the accused persons are also the co-sharer and they have snatched away the share