IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRR 2041 of 2023 Sri Shyamal Kumar Ghosh & Anr.

Vs.

The State of West Bengal & Anr.

For the petitioners : Mr. Moyukh Mukherjee Ms. Debottam Das Ms. Sarmistha Basak Mr. Samrat Mondal Ms. Awantika Bajpai For the opposite party No.2 : Mr. Haradhan Banerjee Mr. Vivek Kr. Tripathi Heard on : 01.07.2025 Judgment on : 11.09.2025 Dr. Ajoy Kumar Mukherjee, J.

1. This is an application filed by the petitioners seeking quashment of CR case no. 234 of 2022, pending before learned Judicial Magistrate, 3rd Court Serampore, under section 323/406/427 of the IPC.

2. Petitioners’ case is that one Narayan Chandra Bag was a premises tenant in respect of shop room under predecessor in interest of petitioner no.1 Brindaban Ghosh at 48 Netaji Subhas Avenue, Serampore. Said original tenant Narayan died in December, 1998 but even after his death, his son who is the opposite party No.2/ instant FIR maker continued in possession in that premises. The petitioner no.1/ accused purchased the property in question after the death of Narayan and his specific case is that FIR maker/ opposite party no.2 herein, under the provision of West Bengal Premises Tenancy Act, 1997 has become a rank trespasser after 5 years of the death of his father said Narayan Chandra Bag who was the original tenant. The petitioner no.1/accused filed a suit for eviction against complainant/ opposite party no.2 and the said suit was decreed against the complainant/opposite party no.2 on contest. Being aggrieved and dissatisfied with the said judgment and decree dated 09.12.2014, the complainant/opposite party no.2 herein preferred a Title Appeal in the court of learned Additional District Judge, who remanded the suit before the trial court after setting aside the judgment and decree passed by the trial court. Being aggrieved by the said judgment of remand the petitioner no.1/accused preferred Miscellaneous Appeal before this High court being FMAT 618 of

2019, which is still pending for adjudication before this High Court.

3. Thereafter on April, 22nd, 2022 the complainant/opposite party no.2 made some illegal construction in front of the shop room in question and since the accused persons protested to such illegal activities, they were mercilessly beaten by the complainant/opposite party no.2.

4. Now in order to create pressure upon the accused persons/petitioner/owner, the complainant opposite party no.2/occupier filed the instant complaint before the Magistrate under section 200 of the Code of Criminal Procedure with the allegation that the accused No.1 being the petitioner failed to fulfill his illegal desire of evicting the occupier/complainant illegally, did not give access to the electric meter causing pilferage of electricity. The accused no.1 started making construction over the said shop room premises after damaging the roof of said premises and he intentionally damaged almost the entire roof of the shop premises, resulting damage of equipment and other necessary accessories of the shop of the complainant and thereby caused damage of more than Rs. 50,000/-. The the complainant lodged a GDE being no. 1082 dated 16.05.2022.

5. Opposite party no. 2 further alleged in the complaint that accused no.1/petitioner herein again on 07.07.2022 along with the other accused taking advantage of temporary absence of the staff of the complainant, broke the wall of the shop room and had damaged the Xerox machine of the complainant by way of falling cement chunk, pluster and broken bricks and thereby caused damage of Rs. 50,000/- to the complainant. When the staff of the complainant noticed such illegal activities and raised hue and cry, then the accused persons became furious and threatened him with dire consequences and also tried to assault them physically and abused them with filthy languages. Thereafter when the complainant had reached the spot, they also assaulted th