IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 2725 of 2022 Amartya Sinha and Others Versus The State of West Bengal & Anr.

With C.R.R. 2136 of 2022 Pankaj Kumar Das & Ors.

Versus The State of West Bengal & Anr.

With C.R.R. 2138 of 2022 Pankaj Kumar Das & Anr.

Versus The State of West Bengal & Anr.

For the Petitioners : Mr. Sobhendu Sekhar Roy Adv.

In CRR 2725 of 2022 Mr. Amarendra Chakraborty, Adv.

& Opposite Party No. 2 Mr. Tonmay Chatterjee, Adv.

In CRR 2136 of 2022 & CRR 2138 of 2022 For the Petitioners : Mr. Souvik Mitter, Adv.

In CRR 2136 of 2022 Mr. Angshuman Chakraborty, Adv.

& CRR 2138 of 2022 Mr. S. S. Saha, Adv.

& Opposite Party No. 2 In CRR 2725 of 2022 For the State : Mr. Imran Ali, Adv.

In CRR 2725 of 2022 Ms. Debjani Sahu, Adv.

For the State : Mr. Madhusudan Sur, Ld. APP In CRR 2136 of 2022 Mr. Dipankar Paramanick, Adv.

& CRR 2138 of 2022 Heard On : 17.04.2025 Judgment On : 15.07.2025 Ajay Kumar Gupta, J:

1. All the three Criminal Revisional applications are taken up together for the sake of convenience and for passing a common Judgment, as the disputes cropped up due to property related issue between the two families of next-door neighbours.

2. CRR No. 2136 of 2022 has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners, namely, Pankaj Kumar Das, Pradyumna Das and Subrata Mondal seeking quashing of the Complaint Case being AC 1845 of 2021 initiated under Section 200 of the Code of Criminal Procedure, 1973 pending before the Learned Judicial Magistrate, 9th Court, Alipore, South 24 Parganas and the impugned order dated 26.11.2021 thereby the Learned Magistrate took cognizance and issued process against the present petitioners.

3. The aforesaid complaint was filed by the opposite party no. 2 – Hiran Kumar Sinha under Section 200 of the CrPC before the Learned Additional Chief Judicial Magistrate on 09.09.2021 against the present petitioners alleging, inter alia, as under: - “The complainant is the owner of landed property measuring about 2 cottahs 10 chittacks 16 sq ft by a registered deed dated 03.03.2000. Thereafter, the complainant obtained sanctioned plan from KMC and constructed one storied building. The complainant suddenly found that postal correspondence Governmental documents and electricity bill were not getting delivered to him. Thereafter, he came to learn that the address of the complainant is same as of Pankaj Kumar Das. Thereafter, such address was corrected by the KMC. The said Pankaj Kumar Das entered into criminal conspiracy using the premises no. 493-A, Bachar Para Road and took electricity connection, LPG gas and also took water supply connection by submitting false documents. The said Pankaj Kumar Das, using such address, secured his admission at Indian School of mines. The assessor/collector, KMC allotted different address to the said Pankaj Kumar Das and due to previous grudge, caused various sorts of disturbances and annoyance towards the peaceful living and enjoyment of the complainant. The said Pankaj Kumar Das along with one Subrata Mondal, knowing about the evidence of the complainant and his property on the western side, cunningly and surreptitiously obtained sanctioned plan by showing the complainant's property as premises no. 493, Bachar Para Road instead of 493-A, Bachar Para Road and executed boundary declaration and cheated the complainant.”

4. Subsequently, upon transfer of the said case before the Learned Judicial Magistrate, 9th Court, Alipore for its disposal, the Learned Magistrate took cognizance under Sections 420/120B of the IPC after recording initial deposition of opposite party no.

2/complainant as P.W. 1, and the process was issued.

5. Though the contention of the petitioners is that the allegations levelled against them are false, frivolous and vexatious and that they are in no way connected with the offence as alleged by the de-facto complainant. Hence, this applicati