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BISWANATH SOMADDER
Surendra Kumar Surana – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties :
For the Petitioners:Mr. Milon Mukherjee, Joymalya Bagchi, Ganesh P. Shaw and Ms. Anju Singh, Advocates.
For the Opposite Party No. 2 :Mr. H.K. Mitra, Bhaskar Sen, Amalendu Mitra and Abhijit Adhya, Advocates.
For the State :Mr. Sk. Kasem Ali Ahmed, Advocate.

JUDGMENT

Biswanath Somadder, J. - This is an application under Sections 482/401 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’). The petitioners have prayed for quashing of proceeding, being Ekbalpore Police Station Case No. 83, dated 05.04.2006 under Sections 341/427/504/506 (ii)/34 of the Indian Penal Code corresponding to C.G.R. No. 800 of 2006 pending before the learned Chief Judicial Magistrate, Alipore.

2. The facts of the case, in a nutshell, are as follows:-

(i) On or about 27th March, 2006, one Raquaia Ayaz filed an application under Section 156(3) of the Code, before the Court of learned Chief Judicial Magistrate at Alipore alleging commission of offences punishable under Sections 341/427/504/506(ii)/34 of the Indian Penal Code.

(ii) The learned Magistrate, by his order dated 27th March, 2006, directed the Officer-in-Charge of Ekbalpore Police Station to register a case upon the said complaint and cause investigation into the offences complained.

(iii) Subsequently, the complaint was registered by the concerned Police Station on 5th April, 2006 and was numbered as F.I.R. No. 83, dated 5th April, 2006.

(iv) Petitioners thereafter took out the instant applic

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