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



Dr. Utpal Barman v/s State of West Bengal


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

    Writ Petition No. 12323 (W) of 2005

    Decided On, 07 July 2005

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE JAYANTA KUMAR BISWAS

    For the Appellant: Kamalesh Bhattacharjee, Rajib Mohan Chatterjee, Advocates. For the Respondent: R3, R4, Ranjit Kumar Ghosh, Supriya Roy Chowdhury, Advocates.



Judgment Text

Jayanta Kumar Biswas, J.

1. The Petitioner in this writ petition wants me to quash the F.I.R. on the basis whereof Behala P.S. Case No. 329 of 2004 was registered under Sections 420/406/120B of the Indian Penal Code, 1860.

2. Facts of the case are these. The third Respondent (Sakar Nirman Pvt. Ltd.) is a promoter within the meaning of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. The Petitioner agreed to purchase a flat in the building constructed by the third Respondent on the land owned by the persons, who are the other accused persons named in the F.I.R.

3. Certain disputes arose between the third Respondent and the purchasers of the flats in the building. An association of the flat owners submitted a complaint requesting the authorised officer under the Act to prosecute the third Respondent.

4. Alleging inaction on the part of the authorised officer, the association moved a writ petition before this Court, which was disposed of by order dated July 17, 2003 directing the authorised officer to give the appropriate decision regarding the complaint.

5. Accordingly, the authorised officer gave his decision dated September 1, 2003 ordering the third Respondent to take immediate steps for removing the defects in the construction of the building and for completing the other works in terms of the agreements. He also ordered that moneys due to the third Respondent, if any, should be paid by the respective parties in terms of the agreements.

6. Feeling aggrieved by the order of the authorised officer, the association moved a fresh writ petition in this Court and by order dated November 6, 2003 it was admitted. An interim order was made staying the operation of the order of the authorised officer till the disposal of the writ petition. Advocate for the Petitioner informs me that that writ petition is pending decision.

7. The third Respondent then moved a petition of complaint before the Sub-divisional Judicial Magistrate at Alipore. The Petitioner was the first accused person named in that petition. The six other accused persons named in that petition of complaint, I am told, were the owners of the land on which the building was constructed.

8. Considering the petition of complaint, the magistrate passed an order dated April 26, 2004 directing the officer-in-charge of the police station concerned to treat the petition of complaint as an F.I.R. and to make investigation. Accordingly, the abovenoted Behala P.S. case was registered.

9. After completing investigation, the investigating officer submitted the charge-sheet dated October 31, 2004. He stated that case was made out against all the seven accused persons named in the petition of complaint under Setions 420/406/120B of the Indian Penal Code, 1860. What happened thereafter is not known to the Petitioner, this is how his advocate responded, when I wanted to know whether cognizance has been taken by the magistrate.

10. In course of argument, advocate for the Petitioner submits that he wants me to quash not only the F.I.R., but also the charge-sheet. His contention is that allegations made in the petition of complaint did not make out any case of commission of any offence by the Petitioner and hence the F.I.R. should be quashed.

11. I am unable to agree with him that at this stage there is scope to interfere with the F.I.R. Merits of the allegations made in the petition of complaint were. by the Sub-Divisional. Magistrate who passed the requisite order directing investigation. On the basis of the F.I.R. investigation has been made and the investigating officer has submitted charge-sheet. On these admitted facts, I do not find any reason why I should examine the merits of the allegations made in the petition of complaint for upsetting the order of the competent magistrate and the conclusion of the investigating officer.

12. Advocate submits that the prosecution launched is not permissible in law and hence I should quash both the F.I.R. and the charge-sheet. In support of his argument that even before charges are framed by the magistrate, the Petitioner is entitled to approach the writ court for relief, he refers me to the apex court decision in State of West Bengal and another Vs. Mohammed Khalid and others, and a division bench decision of this Court in State of Wet Bengal and Ors. v. Sushanta Kr. Saha 2003 (1) CHN 575.

13. I do not wish to go to the extent of saying that before framing of charges by the magistrate, in no case an accused person can approach the writ court with a prayer that the criminal case should be quashed. The position of law, as I understand, is that once the charge-sheet is filed, the writ court should not examine whether allegations made in the petition of complaint or in the F.I.R. did make out any case of commission of offence under the provisions mentioned in the charge-sheet and the matter should be left for examination by the competent criminal court. At such stage all the materials accompanying the charge-sheet are to be examined for deciding whether cognizance is to be taken. Undertaking this exercise by the writ court, to my mind, is nothing short of usurption of powers of the judicial magistrate by the writ court.

14. Advocates for the Respondents have given me several judgments in support of their contention that the writ court should not interfere. I think, I shall not be thought of unappreciative of their argument for not dealing with them. I am not doing so for the sake of brevity and also for the reason that there is no dispute regarding the propositions of law they point out.

15. Advocate for the Petitioner asks me to consider the effect of the order dated November 6, 2003 made by this Court in the pending writ petition. He says that since the Petitioners were not liable to pay during pendency of that writ petition, as interim relief staying operation of order of the authorised officer had been granted, alleging nonpayment and commission of offences of cheating, criminal breach of trust and criminal conspiracy, the third Respondent was not entitled to institute the criminal case.

16. F

Please Login To View The Full Judgment!

rom the orders of the authorised officer and of this Court made in the pending writ petition on November 6, 2003. I do not find anything that prevented the third Respondent from instituting a criminal case against the Petitioner and the owners of the land. By them, the Petitioner was not permitted not to pay and the prosecution for offences, if any, already or subsequently committed, was not directed to be kept in abeyance. 17. For these reasons do not find any merits in the writ petition; it is, accordingly, dismissed. There shall be no order for costs in it. 18. Urgent certified xerox copy of this order shall be supplied to the parties, if applied for.
O R







Judgements of Similar Parties

21-07-2020 SBI Life Insurance Co. Ltd., West Bengal Versus Kajari Gayen & Another National Consumer Disputes Redressal Commission NCDRC
21-07-2020 Dr. Bikram Panda Versus The State of West Bengal & Others High Court of Judicature at Calcutta
20-07-2020 M/s. SBI Cards & Payments Services Pvt. Ltd., Haryana Versus Consumer Affairs & Fair Business Practices, West Bengal National Consumer Disputes Redressal Commission NCDRC
14-07-2020 Srabani Chatterjee & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-07-2020 Souvik Sardar & Others The State of West Bengal & Others High Court of Judicature at Calcutta
02-07-2020 BSA Citi Courier Pvt. Ltd. Versus Commissioner of Central Goods & Services Tax Delhi West & Another High Court of Delhi
02-07-2020 Safikul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
30-06-2020 Dr. Arup Kumar Bhowmick Versus State of West Bengal & Others High Court of Judicature at Calcutta
26-06-2020 Brijendra Kumar Singh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-06-2020 Mazidul Miah @ Mia & Others Versus State of West Bengal High Court of Judicature at Calcutta
24-06-2020 TUCI, West Bengal State Secretary, Represented by itsSecretary, Sharmistha Choudhury & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-06-2020 Shyamal Middya Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-06-2020 The State of West Bengal & Others Versus Soroj Kumar Mondal & Others Supreme Court of India
17-06-2020 Jewel SK @ Juel SK Versus The State of West Bengal High Court of Judicature at Calcutta
15-06-2020 State Bank of India Versus Consumer Affairs & Fair Business Practices, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
12-06-2020 S.K. Abdul Habib Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Abed Ali Biswas Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Ajit Barman Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Gulu Santra @ Ghunu Santra Versus The State of West Bengal High Court of Judicature at Calcutta
11-06-2020 Kartick Paul Versus The State of West Bengal & Others High Court of Judicature at Calcutta
11-06-2020 Pawan Kishore Harlalka Versus State of West Bengal & Others High Court of Judicature at Calcutta
11-06-2020 Uttam Gayen & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Bibhas Kunti @ Bibhas Kuti Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Jalaluddin @ Jalaluddin Versus State of West Bengal & Another High Court of Judicature at Calcutta
13-05-2020 Suprabha Adhikari & Others Versus The State of Tripura, Represented by the Secretary Revenue, West Tripura & Others High Court of Tripura
13-05-2020 Md. Jahidul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-05-2020 Sudeb Mahato & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-05-2020 Sujit Mitra & Others Versus State of West Bengal High Court of Judicature at Calcutta
02-05-2020 Ratan Ch. Banik Versus The State of Tripura, Represented by the Secretary to the Government of Tripura, Department of Finance, West Tripura & Others High Court of Tripura
28-04-2020 Dr. Fuad Halim & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
24-04-2020 S.K. Jalaluddin & Others Versus The State of West Bengal & Others Supreme Court of India
24-04-2020 Mohd. Asif Naseer Versus West Watch Company Through Its Proprietor Supreme Court of India
22-04-2020 West U.P. Sugar Mills Association & Others Versus The State of Uttar Pradesh & Others Supreme Court of India
17-04-2020 Dr. Faud Halim Versus State of West Bengal & Others High Court of Judicature at Calcutta
16-04-2020 In re : Smarajit Roychowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
08-04-2020 In Re: Contagion of COVID-19 Virus in Children Protection Homes Versus State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
18-03-2020 West Bengal Small Industries Development Corporation Ltd. & Others Versus M/s. Sona Promoters Pvt. Ltd. & Others Supreme Court of India
18-03-2020 Managing Committee, Bheramari A.M. High Madrasah & Another Versus State of West Bengal & Others Supreme Court of India
13-03-2020 Rakesh Mondal & Another Versus The State of West Bengal & Another High Court of Judicature at Calcutta
12-03-2020 Rekhanlal Shrivastava Versus Union of India General Manager West Central Railway JBP High Court of Madhya Pradesh
06-03-2020 Subhadep Adhikari Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-03-2020 Indian Oil Corporation Limited (Marketing Division) Senior Area Manager, West Bengal Versus Biswanath Adhikary & Others National Consumer Disputes Redressal Commission NCDRC
05-03-2020 M/s. N.K. Enterprise, West Bengal & Another V/S Narayan Prasad Sharma & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Avijit Biswas Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Marzina Bibi Versus The State of West Bengal High Court of Judicature at Calcutta
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 State of West Bengal Versus PAM Development Private Limited High Court of Judicature at Calcutta
02-03-2020 Dilip Shaw @ Sanatan & Another Versus State of West Bengal & Others Supreme Court of India
28-02-2020 Cauvery Construction, West Bengal & Another Versus Subrata Samanta & Others National Consumer Disputes Redressal Commission NCDRC
28-02-2020 Kaisar Versus State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2020 Supriyo Raychaudhuri Versus GTPL Kolkata Cable & Broadban Pariseva Ltd., West Bengal & Another National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
24-02-2020 Md. Safique Versus The State of West Bengal High Court of Judicature at Calcutta
24-02-2020 Saurabh Kar & Another Versus Kolkata West International City Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-02-2020 Arup Dey Versus The State of West Bengal & Others High Court of Judicature at Calcutta
24-02-2020 Downtown Temptations Pvt. Ltd. Versus The State of West Bengal Supreme Court of India
21-02-2020 Secretary, Bairgachi High School Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-02-2020 Md. Younus Ali Tarafdar Versus The State of West Bengal Supreme Court of India
20-02-2020 Motamarri Appanna Veerraju @ Mav Raju Versus The State of West Bengal Supreme Court of India
19-02-2020 Swapan Banerjee & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
19-02-2020 The Indian Golf Union & Others Versus West Bengal Golf Society & Others High Court of Judicature at Calcutta
17-02-2020 Aijul Gharami Versus State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nibaran Mudi & Another Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nure Shobha Begum & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Amirul Islam Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Mariyam Begam & Others Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Lachhu Indower Versus The State of West Bengal High Court of Judicature at Calcutta
10-02-2020 Rupa & Co. Ltd & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
07-02-2020 S.K. Anar @ S.K. Anarul Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Dilip Bera Versus The State of West Bengal High Court of Judicature at Calcutta
06-02-2020 Litan Sarkar Versus The State of West Bengal High Court of Kerala
05-02-2020 Pradipta Kumar Jana Versus State of West Bengal & Others High Court of Judicature at Calcutta
05-02-2020 Mizanur Rahman alias Sk. Mizanur Versus The State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Rina Karmakar Versus Life Insurance Corporation of India, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
04-02-2020 Md. Irfan & Others Versus The State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Madan Barman Versus State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Mira Rani Hazra & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2020 Mondal Construction Company Ltd., Uttarayan, West Bengal & Others Versus Recovery Officer Securities and Exchange Board of India, Kolkata & Others SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
29-01-2020 Sukumar & Another Versus Regional Transport Officer, Transport Department, Salem (West) & Another High Court of Judicature at Madras
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
28-01-2020 Murshidabad Sale & Supply Co-Operative Society Ltd. Versus The State of West Bengal & Others High Court of Judicature at Calcutta
28-01-2020 Somnath Majhi & Another Versus State of West Bengal High Court of Judicature at Calcutta
28-01-2020 New India Assurance Co. Ltd., Through its Authorised Signatory, New Delhi Versus M/s. Durga Bricks Industries, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
27-01-2020 Dukhiram Bhattacharya Versus State of West Bengal & Another High Court of Judicature at Calcutta
24-01-2020 Chunaram Hansda Versus The State of West Bengal High Court of Judicature at Calcutta
24-01-2020 Dhenu Murmu Versus The State of West Bengal High Court of Judicature at Calcutta
22-01-2020 Kendriya Bhandar & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 State of West Bengal & Others Versus Sanmohan Chatterjee & Others High Court of Judicature at Calcutta
22-01-2020 Bhaskar Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Nurul Huda & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Rajkishore Shaw @ Nandu & Others versus State of West Bengal High Court of Judicature at Calcutta