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1979 Supreme(Cal) 390

P.C.BOROOAH, B.N.MAITRA
ABANI CHOWDHURY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.N.MITRA, N.C.BANERJI, P.C.GHOSH, S.BANERJEE

P. C. Borooah, B. N. Maitra

( 1 ) ONE Haradhan Banerjee, an employee of the Union Co-operative Insurance Society Ltd, gave an information to the police. On 7. 10. 1969 the Police recorded an F. I. R. Investigation was taken up and then on 11. 12. 1976, chargesheet was submitted against one P. K. Roy Chowdhury then Claims Officer of that Company in respect of offences under Ss. 120b, 409, 467, 471, 477/09 before the Chief, Metropolitan Magistrate. He made a confession before the Presidency Magistrate, Calcutta. P. K. Roy Chowdhury applied for rendering him pardon and also for being examined as an approver. The defence raised an objection. On 28. 8. 1976, the learned Additional Chief Metropolitan Magistrate granted hi pardon and directed his examination under S. 306 (4) of the Criminal Procedure code, 1973. He was examined and cross examined before the Chief Metropolitan Magistrate. Then on 14. 2. 1979, he was committed to sessions by rejecting the defence contention that no such commitment could be made. When the matter came up before the learned Judge of the City Sessions Court, Calcutta, various objections were raised by the defence against the commitment. The learned Judge turned























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