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1952 Supreme(Cal) 83

HARRIES, S.R.DAS GUPTA
NALIN CHANDRA PAL – Appellant
Versus
BEJOY RANJAN GANGULY – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, BIBHUTI BHUSAN DAS GUPTA, KANAL LAL DUTT, N.K.Basu

HARRIES, C. J.

( 1 ) THIS is an application for the conviction and punishment of the opposite-par ties for contempt of this Court.

( 2 ) THE opposite-party No. l Bejoy Ranjan Ganguly filed a complaint in the Court of the Sub-Divisional Officer, Alipore, against the present petitioner and another charging them with offences under Sections 420 and 406, Penal Code. It is unnecessary to deal in detail with these offences. But what was suggested was that the opposite-party had been induced to take certain land on the representation that the land belonged to certain lessors, whereas in fact it was said that it was khas-mahal land.

( 3 ) THE matter first came before a Sub-Divisional Magistrate who directed a Circle Officer to hold an enquiry. The latter submitted a report and expressed the view that this was not a criminal matter.

( 4 ) THE opposite-party thereafter filed a petition and on that a judicial enquiry was held by a learned Magistrate. The learned Magistrate was of opinion that the offence under Section 406 was entirely misconceived and that there was no material upon which any charge of cheating could be sustained. The result was that the complaint was dismissed under Sect








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