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1997 Supreme(Cal) 237

DIBYENDU BHUSAN DUTTA
AMZAD ALI – Appellant
Versus
MARFAT ALI BISWAS – Respondent


Advocates Appeared:
ABU HENA, BINITA GUPTA, DIPAK MUKHERJI, J.K.GUPTA, MANAS RANJAN CHAKRAVARTY

DIBYENDU BHUSAN DUTTA, J.

( 1 ) BY the instant application styled as one under Art. 227 of the Constitution of India, the accused of C. R. Case No. 120 of 1991 of the Court of Sub-Divisional Judicial Magistrate, Lalbag, moved this Court in its criminal revision jurisdiction praying for setting aside the order dated 19th April, 1991 passed in Misc. Appeal No. 80 of 1989 of the Fourth Court of Additional District Judge, Murshidabad, and also for quashing the criminal proceeding in C. R. Case No. 120 of 1991 of the Court of Sub-Divisional Judicial Magistrate, Lalbag.

( 2 ) THE facts and circumstances giving rise to the present application, as far as can be gathered from the materials placed before this Court, may in short, be stated as follows :on 27-2-1981, the accused petitioner instituted a suit being Title Suit No. 6 of 1981 in the Court of the Munsif, Lalbag for declaration of title and injunction in respect of certain property against the respondent No. 1 and some others, basing his right, title and interest in that property on a deed of sale deed 10-3-1938 which purports to have been executed by one Kedar Box Mondal in favour of one Ohedulla Mondal and registered in the Sub-Re












































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