MALAY KUMAR BASU
DUKHISHYAM BENUPANI – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) THIS revisional application under Section 397 read with S. 401 and Section 482 of the Code of Criminal Procedure is directed against the order dated 9-10-96 passed by the Metropolitan Magistrate, 4th Court, Calcutta in complaint case No. C/298 of 95. The relevant facts leading to the filing of this application may be summarised as follows :-ACCORDING to the petitioner, the O. P. Nos. 1 and 2 M. P. Agarwala and Umethmal Dugar contravened the provisions of Cl. (b and d) of sub-section (1) of Section 9 of the Foreign Exchange Regulations Act, 1973 during the financial year, 1993 and thereby allegedly committed an offence punishable under Section 56 of the said Act. Accordingly, the petitioner being competent officer of the Enforcement Directorate, Foreign Exchange Regulations Act filed a complaint in 1995 before the Court of Chief Metropolitan Magistrate, Calcutta and the complaint was numbered as C-298/95. In the body of that complaint names of 8 prosecution witnesses including that of the complainant were given. The learned Metropolitan Magistrate took cognizance of the offence against the two accused and issued summons upon them and in response thereto th
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