1. Petitioner herein has assailed the impugned judgment and order dated
15.07.2017, passed by Learned Additional Sessions Judge, FTC 2nd Court,
Tamluk, in Criminal Revision No. 194 of 2016, whereby and whereunder the
court below set aside the trial Court’s order of discharge passed in favour of
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the petitioner herein, dated 28 October, 2016 and thereby requested the
th
trial court to record evidence of the witnesses of the opposite
party/complainant and thereafter to pass an order as per the provisions of
law.
2. Being aggrieved by the order passed by the court below, learned
counsel for the petitioner submits that the petitioner herein by dint of an
agreement for sale, filed a suit for specific performance of contract and said
suit being Other Suit no. 88 of 1993 was decreed in favour of the petitioner
and the court directed the defendant to execute sale deed in favour of
petitioner herein in respect of the suit property vide judgement dated 22nd
March, 2011. Thereafter failure on the part of the defendant, the deed was
executed by the executing court in favour of the petitioner in Execution Case
no. 2 of 2012 by an order dated 23rd November, 2012. By dint of that sale
deed the petitioner got possession over the suit property with the help of
court bailiff on 25th January, 2013. Thereafter petitioner herein Chandi
Charan Patra lodged a written FIR to the Panskura Police Station that on
25th January, 2013, he was given possession of the land through the
process server of court but on 04.02.2013 at about 4.30 p.m., taking
advantages of his temporary absence the opposite party /accused persons
broke open the lock so fixed by him of the said house and entered the said
house and stolen utensils and valuable gifts and on the basis of such
allegations, Panskura Police Station case no. 29 of 2013 dated 04.02.2013
under sections 448/461/380/34 of the IPC was started. After completion of
investigation on 31st March, 2013 police submitted charges sheet in the said
case. After conclusion of trial the Trial Court convicted offender Mrityunjoy
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Sahoo and Dipali Sahoo, being GR case no. 187 of 2013. It is further
submitted that challenging the order of conviction dated 06.07.2022 an
appeal has been preferred before the learned Sessions Judge, being Criminal
appeal no. 4 of 2023.