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1972 Supreme(SC) 601

I.D.DUA, C.A.VAIDIALINGAM, A.ALAGIRISWAMI
Amar Chand Agarwalla – Appellant
Versus
Shanti Bose – Respondent


Judgment

VAIDIALINGAM, J. :- These three appeals by the complainant, by special leave, are against the common judgment and order dated August 10, 1969, of the Calcutta High Court in Criminal Revisions Nos. 288, 289 and 290 of 1969, setting aside the charge under Section 120B read with S. 409 I.P.C. framed against all the four accused and the charge under S. 409 I.P.C. framed against accused Nos. 1 to 3. The High Court by the same judgment quashed the proceedings based upon the said charges, which were pending before the Presidency Magistrate, 7th Court, Calcutta in case No. C/3443 of 1967.

2. The appellant in all these three appeals, Amar Chand Agarwalla, filed a complaint before the Chief Presidency Magistrate, Calcutta, on November 21, 1967, on the basis of which the four accused persons, namely, Paremananda Agarwalla, Madan Mohan Gour, Jhumermal Agarwalla and Shanti Bose, were required to answer charges under Sections 120B/409 and 409, IPC. These persons will be referred to as accused Nos. 1, 2, 3 and 4 respectively. The case was later on transferred to the Presidency Magistrate, 7th Court, Calcutta for disposal. The 7th Presidency Magistrate, after recording the evidence of ten p





















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