IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul)

CRR 262 of 2024 Gopal Bidyananda -Vs-

The State of West Bengal & Anr.

For the Petitioner : Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Mr. Bodhisatya Ghosh.

For the State : Mr. Abhijit Sarkar, Ms. Namrata Das.

For the De facto : Mr. Bhaskar Roy Mahasaya, Complainant Mr. Ambalika Ghosh.

Hearing concluded on : 25.04.2025 Judgment on : 29.04.2025 Shampa Dutt (Paul), J.:

1. The present revision has been preferred praying for quashing of the proceeding, being G.R. Case No. 782 of 2024 arising out of Tufanganj Police Station Case No. 539 of 2024 dated 09.07.2024 under Sections 406/420 of the Indian Penal Code, presently pending before the Court of the Learned Additional Chief Judicial Magistrate, Tufanganj, District:

Cooch Behar.

2. The allegations made in the written compliant dated 9^th July, 2024, on the basis of which the present case has been registered is as follows:-

“1) This ancestral house and father's Ice Factory (Tripty Ice Factory) were in custody of my youngest brother Gopal Bidyananfa who resides at Dariabalai Road, Tufanganj-736159 Gopal Bidyananda had fully utilized the whole earning of the ice factory and the rent amount paid by a tenant kept in the ancestral house for his own purpose.

2) That on my return to ancestral house in 2019, I found that my father's Ice factory was no more there and when I asked Gopal Bidyananda about it, he didn't give any satisfactory reply and instead diverted my query to other irrelevant issues.

3) That this Ice Factory was the oldest and only one in Tufanganj, set up in sixties behind the BAROARI DURGA MANDIR at bazar complex and it was operating in a rented space / accommodation owned by Shri Gopal Pal (since deceased).

4) That after having found out the facts from neighborhood shops and ex employees of our Ice Factory who live in our area. I came to know that Gopal Bidyananda had disposed off our father's Ice factory.

5) That at that particular time both my wife and I got infected by Covid and had to go through a miserable time and prolonged treatment both in India and USA for long two years and being out of the country for treatment, I couldn't find out details of Gopal Bidyananda's modus operandi then but now what reveals are as under:-

(a) Shri Gopal Pal (since deceased) who is the owner of our factory space/accommodation had borrowed some money for treatment for his illnesses from Gopal Bidyananda because he was in charge of the factory (b) Gopal Bidyananda bought the factory space in the name of his wife as a distress sale from Shri Gopal Pal (since deceased) when he couldn't repay the borrowed money.

(c) Gopal Bidyananda had sold the same space / accommodation to another trader Sapan Pal & brothers (M# 8250900345) who has a sweet (বাতাসা) shop in the same locality at much higher price than Gopal Bidyananda had bought it for.

(d) Gopal Bidyananda had sold the machinery and accessories to Shri Biswanath Debnath (M# 9679229887) S/o Kalicharan Debnath who was our long time factory employee and he had relocated the factory in his house and still runs it for good profit.

(e) Total value my brother had realized out of disposal of the factory is estimated (since no sale deed, transfer deed or gift deed made and no legal written agreement had been signed by me) as rupees more than 10 lakhs to which all legal heirs had equal right.

6) In view of the above, it is prayed that legal documents for disposal of this Ice Factory such as Surrendering Trade License, Surrendering Industrial Electric Connection, Purchase/Sale Deed of Factory premises as well as Sale/Purchase of Machine & Accessories of the Factory, NOCs from legal heirs may be asked for scrutiny and facts mentioned above may be investigated on ground to initiate suitable legal actions against Gopal Bidyananda as deemed fit.”

3. In Paramjeet Batra vs State of Uttarakhand & Ors., Criminal Appeal No. 2069 of