Sk Abdul Karim v. State Of West Bengal And ORS.

20.02.2025 Item No. 18 Ct No. 28 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3881 of 2024 In the matter of: Sk Abdul Karim.

.....petitioner Mr. Shehansu Majumder.

...for the petitioner

1. Petitioner contends he is the owner of the premises. He was unaware of the unauthorized construction undertaken in the premises by the developer. He prays for quashing of the impugned FIR being Armherst Street P.S. Case No. 323 of 2017 dated 26.12.2017 pending before the Court of the learned Municipal magistrate, 4th Court, Calcutta.

2. In the FIR it is alleged illegal construction had been undertaken in the premises. Investigation is still in progress. Issue raised by the petitioner with regard to absence of requisite knowledge is a question of fact which cannot be gone into at this stage.

3. In the event the investigation results in filing of charge-sheet against the petitioner he is entitled to agitate this defence at the appropriate stage of the proceeding.

4. With this observation, application being CRR 3881 of 2024 is disposed of.

(Joymalya Bagchi, J.)