w w w . L a w y e r S e r v i c e s . i n



D & I Taxcon Services Pvt. Ltd. v/s The State of West Bengal & Another


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- WEST COMPANY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U34203MH1995PTC092297

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- TAXCON SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74140DL2002PTC116765

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- TAXCON INDIA PRIVATE LIMITED [Active] CIN = U74999DL2004PTC129142

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- TAXCON SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2000PTC108268

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- WEST INDIA COMPANY LIMITED [Dissolved] CIN = U99999MH1945PTC004516

    CRR No. 534 of 2020

    Decided On, 09 October 2020

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE SUBHASIS DASGUPTA

    For the Petitioner: Tapas Dutta, Advocate. For the Respondents: Swapan Banerjee, Purnima Ghosh, Advocates.



Judgment Text

The impugned order dated 3rd August, 2019 passed by the learned Chief Metropolitan Magistrate, Kolkata in Case No. C-89 of 2019, rejecting the prayer under Section 156(3) of the Code of Criminal Procedure is the subject matter of challenge in this revisional application under Section 482 of the Criminal Procedure Code.Learned advocate for the revisionist submitted that pursuant to an order passed in writ petition No. 22350 (W) of 2013, a manufactured and fabricated sanctioned building plan in respect of a building situated at premises No. 1B and premises No. 2 of Hare Street popularly called as “Nicco House” had been produced by Kolkata Municipal Corporation on 09.10.2018 with disclosure of fact that the aforesaid building was sanctioned in stages, and thereby causing the original sanctioned plan of the building to go suppressed and hidden. It was further submitted that the building plan was issued on 06.04.1893 being No. 10 in respect of premises No.1B & 2, Hare Street, Kolkata- 700001 for making construction of a single storied building, and thereafter whatever plan was managed to be obtained in support of the building in question was false, forged and fabricated having no nexus with the original.Contention was raised by the learned advocate for the petitioner that the original of the sanctioned plan could not be produced in connection with writ petition No. 22350 (W) of 2013, and only the certified copy of the plan was produced, which was not the actual, authenticated copy of the original. Since the “Nicco House”, a 7th storied building was alleged to have raised without required sanction plan from K.M.C., the petitioner not only approached for demolition of the unauthorised construction of “Nicco House”, but also sought for an investigation to book the culprits including the certifying personnel in respect of the certified sanction plan of the building in question, by submitting a complaint before the concerned police station earlier, and the same not being acted upon, the petitioner in exercise of his right available under the Code of Criminal Procedure proceeded to obtain relief available under Section 156(3) Cr.P.C. soliciting an investigation by the police. It was alleged that unknown persons lying behind the creation of manufactured/fabricated sanctioned plan for “Nicco House” had committed offence punishable under Sections 466/468,/ 474, 34 and 120B I.P.C.Learned advocate further strenuously argued that the rejection of prayer under Section 156(3) Cr.P.C. was mechanically done without appreciating the position of the law in context with the facts made out in the petition under Section 156(3) Cr.P.C.Learned advocate representing the State/opposite party raised objection submitting that the petitioner had already invited a proceeding for demolition of a 7 (seven) storied building, called as “Nicco House”, constructed about 100 years before, obtaining required sanction plan. By the instant prosecution, allegation of causing fabrication of sanctioned plan of building was raised by some unknown persons. Learned advocate for the State/opposite party supporting the order of the learned court below, submitted that learned Magistrate of the court below rightly rejected the prayer for investigation under Section 156(3) Cr.P.C., upon visualising an order passed in writ petition No. 301 of 2019 (Original Side), wherein no cognizable offence could be made out in connection with an enquiry held by the concerned police station over the issue of unauthorised construction of “Nicco House”.The contention canvassed by the petitioner relates to manufacturing/forging or falsifying a sanctioned plan of a building without making production of original sanctioned plan, and causing the certified sanctioned plan to be produced in connection with a proceeding of writ petition No.301 of 2019 (Original Side), which according to petitioner was forged one and not properly authenticated copy of the original sanctioned plan.The learned court below had taken care of the order dated 1st July, 2019 passed in writ petition No. 301 of 2019 (Original Side), and rejected the prayer for police investigation under Section 156 (3) Cr.P.C. simply to prevent conflicting decision. There was another writ petition filed in connection with writ petition No. 2350 (W) of 2013, wherein there was direction for production of relevant records in response to an allegation raised therein for unauthorised construction of the entire building, called as “Nicco House”. The said writ petition came to be disposed of on 17.02.2020 i.e. about more than 5 months after the rejection of the prayer for investigation under Section 156(3) Cr.P.C. by learned court below on 3rd August, 2019.Surprisingly the petitioner runs its office in the 2nd floor of “Nicco House”, there was a massive fire broke out on 27th March, 2009 in the 2nd floor of the same building causing petitioner to suffer huge financial loss. According to petitioner the building had no facility of fire fighting mechanism, and it was unauthorisedly built up, though the building was authorised to be raised for a single storied building. The moment when the petitioner started establishing its office in the 2nd floor in the “Nicco House”, subtleties of the building could not be taken into account.Several writ petitions came to be filed both in appellate side and original side of this court alleging unauthorised construction of “Nicco House” with a prayer for demolition. It is evident from the order dated 02.03.2020 passed in writ petition No. 140 of 2019 (Original Side) that there is an appeal pending before the Building Tribunal over the issue of sanctioning building plan for the building in question, in respect of 4th to 7th floor. The concerned police station duly communicated the order to the petitioner, dated 01.07.2019, passed in writ petition No. 301 of 2019 (Original Side) intimating that no cognizable offence could be found to have been established in connection with FIR submitted earlier, as the same was the product of the enquiry held by the concerned police station. The decision given in W.P. No. 301 of 2019 (Original Side) still goes unchallenged.Taking aid of Section 156(3) Cr.P.C. petitioner proceeded to invite investigation against unknown persons. Having considered the rival submission of the parties, the court is of the view that the moment when the prayer for 156(3) Cr.P.C. was rejected by the learned court below, it had duly appreciated in terms of the materials produced before the Court below, and no apparent illegality is found committed by the learned court below.Referring decision cited in (2015) 6 SSC 287 rendered in the case of Priyanka Srivastava and Anr. Vs. State of Uttar Pradesh and Ors., learned advocate for the petitioner candidly submitted that even after satisfying the pre-conditions, as laid down by the Apex Court in the said decision, the learned court below most illegally rejected the prayer for police investigation under Section 156(3) Cr.P.C.While exercising power under Section 482 of the Code of Criminal Procedure this court is under obligation to consider whether the learned court below had duly exercised its discretion available under the law, or alternatively the court below while rejecting the prayer under Section 156(3) Cr.P.C. had duly taken care of the principles of the law.Upon perusal of the impugned order, this court is of the view that the discretion available to learned court below was the product of judicial discretion, which was lawfully and rea

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sonably exercised, and in any manner the discretion so far as exercised by the learned court below cannot be branded to be perverse and illegal.Another decision as referred by the learned advocate for the petitioner, reported in (2019) 6 SCC 111, rendered in the case of S.K. Miglani Vs. State (NCT of Delhi), it appears that the ratio decided in the referred case would not be applicable in the given context of this case.There is hardly anything in the impugned order requiring interference. The revisional application fails being without any merits.With this observation, the revisional application along with its connected application stands disposed of.Urgent certified copy of this order and judgment, if applied for, be given to the appearing parties as expeditiously as possible upon compliance with the all necessary formalities.
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