Petitioners being the accused filed this Criminal Revisional
application under Section 482 of the Code of Criminal Procedure,
1973 (hereinafter referred to as ‘CrPC’) seeking quashing of the
proceeding being Case No. C/1156 of 2001, pending before the
Learned Judicial Magistrate, 2nd Court, Alipore, South 24 Parganas
under Section 430 of the Indian Penal Code, 1860 and all orders
passed therein. It is relevant to note that during pendency of this
revisional application, Petitioner No.1 expired on 12.01.2021 as such,
her case got abated.
2. The background facts of the case are essential for the
purpose of proper and effective disposal of this case as under:
2a. The father of the petitioner no. 2 herein, namely, Dr. Amiya
Kumar Roychowdhury was a medical practitioner and the owner of
premises No. 169A, Shyama Prosad Mukherjee Road, 2 nd Floor,
Kolkata – 26 (hereinafter referred to as the ‘said property’). During his
lifetime, he instituted a suit for eviction against a tenant, namely,
Jyoti Prakash Bagaria (represented by opposite party no. 2 as his
constituted attorney). The eviction suit was originally numbered as
Title Suit No. 400 of 1993 and was subsequently renumbered as Title
Suit No. 101 of 2004. The father of the petitioner no. 2 passed away
2019:CHC-AS:2106
around 1998. By virtue of the probated will, all the rights, title and
interest in the said property devolved upon his wife, namely, Smt.
Anjali Roychowdhury, the mother of petitioner no. 2.
2b. At the time of induction as a tenant, the father of the
petitioner no. 2 had made it clear that such tenancy was for the
exclusively for the use of Jyoti Prakash Bagaria and his family
members with a condition that as soon as the said Dr. Amiya Kumar
Roychowdhury would require the tenanted portion, the said Jyoti
Prakash Bagaria would be obliged to vacate the said premises.
However, he did not comply with the same, as such, an eviction suit
was initiated against him and the same is pending for disposal. This
has resulted in longstanding dispute between the landlord and
tenant.