Rizwan Rashid Ansarie v. Vineet Kumar

03.10.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.40 Criminal Revisional Jurisdiction akd C. R. R. 3566 of 2024 In Re: Rizwan Rashid Ansarie ... ... Petitioner Ms. Subhasree Patel Mr. Soham Banerjee ... ... for the petitioner

1. Petitioner contends he was in possession of the premises in question and that an agreement of tenancy had also been executed in his favour.

2. I have considered the allegations in the impugned FIR. It is alleged on 25.03.2024 petitioner had demanded a sum of Rs.5,00,000/- from opposite party failing which he would forcibly occupy the flat of the opposite party. Uncontroverted allegations disclose ingredients of the offence of extortion. Petitioner's defence that he is in lawful possession of the flat requires to be probabilised by adducing independent evidence.

3. Given this situation I am of the opinion there is no jurisdictional error which would necessitate invocation of the inherent powers of this court.

4. It is open to the petitioner to agitate the issues canvassed herein at the appropriate stage of the proceeding in accordance with law.

5. With the aforesaid observations, CRR 3566 of 2024 is disposed of.

6. Photostat certified copy of this order, if applied for, be given to the petitioner on usual undertaking.

(Joymalya Bagchi, J.)