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Mrs. Reba Kalyan Mitra Versus State of West Bengal

2015 (6) TMI 903 - CALCUTTA HIGH COURT

Illegal and wrongful occupation of company's flat - Refusal to handover the vacant possession of flats - Offence punishable u/s 630 of the Companies Act, 1956 - Held that:- In the case of Dharampal v. Smt. Ramshri [1993 (1) TMI 291 - SUPREME COURT OF INDIA] the Hon'ble Supreme Court was pleased to hold that Learned Session Judge's powers under Section 397(3) Cr.P.C. while hearing the revision, are equivalent to that of High Court and any one cannot avail of two opportunities of filing revision u .....

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ition is dismissed on both counts, i.e., on the question of maintainability as well as on merits. - Keeping in view the age of the case and also the nature of the offence, the Learned Metropolitan Magistrate, 17th Court, Calcutta is directed to dispose of this case finally as expeditiously as possible without giving any unnecessary adjournment. - C.R.R. NO. 159 OF 2011 - Dated:- 18-3-2015 - SHIB SADHAN SADHU, J. For The Petitioner : Tirthankar Ghosh, Jaideep Kumar Mitra and Satadru Lahiri For Th .....

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17th Court, Calcutta in connection with Case No.C/8660 of 2006. 2. The Complaint Case No.C/8660 of 2006 was filed against the accused/petitioner under Section 630 of the Companies Act, 1956 in the Court of Learned Chief Metropolitan Magistrate, Calcutta on 21.08.2006. The allegation is that the Howrah Motor Company Limited is a Company within the meaning of the Companies Act, 1956. The Company appointed Gokuleswar Ghosh, father of the accused/petitioner as an Officer who was subsequently appoin .....

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business and for that the company permitted him to occupy the company's flats being Flat Nos.3 & 4 on the second floor, Laxmi Building at premises No.35/37, J.S.S. Road, Kennedy Bridge, Mumbai-400004. On 07.01.1984 Gokuleswar Ghosh died in harness. The petitioner/accused is his daughter and she has been illegally and wrongfully using and occupying the said flats. The company repeatedly requested the accused/petitioner to return and/or deliver vacant possession of the said flats but she f .....

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he Companies Act, 1956 for which she should be tried and punished according to law. Annexure-A(Page-18) is the complaint in that case. 3. On receipt of the petition of complaint, the Learned Chief Metropolitan Magistrate, Calcutta took cognizance of the offence and transferred the case to the Learned Metropolitan Magistrate, 17th Court, Calcutta, for disposal. Thereafter, he proceeded with the case and after examining the complainant and other witnesses issued process against the accused/petitio .....

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sions Judge, Fast Track, 3rd Court, Calcutta who by passing the impugned order dated 26.08.2010 dismissed the revision. He observed that the Learned Metropolitan Magistrate, 17th Court, Calcutta did not commit any wrong or illegality by passing the impugned order which is very much just, proper and legal in the eye of law and he, therefore, found no reasons to interfere. Being aggrieved by the said order, the petitioner has now approached this Court with the instant Revisional Application. 4. I .....

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ting that the petitioner filed a Civil Suit in the year 2003 in Mumbai over the self same property in which an injunction order was passed and that order of injunction is still subsisting. So the instant Criminal Case is a counter blast with malafide intention to harass the petitioner. He further submitted that since the disputed property of the instant proceeding is located at Mumbai, the Learned Magistrate has no jurisdiction within the scope and ambit of the Code of Criminal Procedure, 1973 t .....

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in Mumbai it cannot be said that the Civil Court was in seisin of bonafide dispute between the parties and the criminal Court is debarred from proceeding with the complaint filed under Section 630 of the Companies Act, 1956 and it cannot be stigmatized to be a counter blast. He further submitted that the Learned Metropolitan Magistrate, has held after hearing both the parties that the Court has jurisdiction to entertain the case and that the case is maintainable against the accused. Against suc .....

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Learned Metropolitan Magistrate, 17th Court, Calcutta to a competent Court of Learned Metropolitan Magistrate, Mumbai mainly on the ground of want of jurisdiction as the property in question is located in Mumbai. The Hon'ble Supreme Court was pleased to dismiss the said Transfer Petition after hearing the Learned Counsel appearing for the parties and observing that "We do not find any merit in this Transfer Petition which is, accordingly, dismissed". Therefore, according to him the .....

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mply dismissed in limine by the Hon'ble Supreme Court without making any comment on the correctness or otherwise of the grounds or the subject matter of the petition for which leave was sought. Therefore according to him it was a non-speaking order of dismissal without anything more indicating the grounds or reasons of its dismissal. Thus, it cannot be said that the said order of the Hon'ble Supreme Court has become final so as to dislodge the instant Revisional Application under Section .....

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said petition was dismissed on 23.06.2008 on merits. She preferred a revision against the order of dismissal but could not get any relief and the revision was also dismissed being devoid of any merit. Feeling aggrieved with the order of the Learned Additional Sessions Judge, this petition has been filed on the same and identical grounds on which the first revision was filed. 9. In the case of Dharampal v. Smt. Ramshri AIR 1993 SC 1361 the Hon'ble Supreme Court was pleased to hold that Learne .....

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ble under Section 482 Cr.P.C. 11. That apart the instant application is also barred in view of the order of dismissal passed by the Hon'ble Supreme Court in Transfer Petition (CRL) No.102 of 2009. It appears that by filing such Transfer Petition the petitioner prayed for transfer of the instant complaint case pending before the Learned Metropolitan Magistrate, 17th Court, Calcutta, West Bengal, to the corresponding Competent Court of Learned Metropolitan Magistrate, Mumbai, Maharashtra, prin .....

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