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2001 Supreme(Cal) 382

AMIT TALUKDAR
DIPAK GHOSH DASTIDAR – Appellant
Versus
SANAT KUMAR MUKHERJEE, STATE OF CALCUTTA – Respondent


Advocates Appeared:
ASHOKA BERA, DIPALI SINHA, Himangshu De, SAMIR CHATTERJEE, SEKHAR BASU, Subhendu Sekhar Roy

AMIT TALUKDAR, J.

( 1 ) WHAT has been sought to be described as an oasis is nothing else but a teasing mirage; otherwise subtle point has been dangled before this Court, which, however, appealing at the first blush appears to be suffering from basic hollowness.

( 2 ) WITH this signature tune, let me cast the symphony of the legal proposition sought to have been harped on behalf of the petitioners before this Court. The basic task for this Court in this revisional application is whether a cognizance taken by the learned Magistrate on the basis of a Petition of Complaint without examining the complainant can be sustained in the event he is not a public servant.

( 3 ) LET me now proceed to find out as to whether the edifice of the argument of the learned Counsel of the petitioner is based on a solid grounds or simply on quick sand. Since the confection of both the revisional applications are analogous this common judgment would govern the fate of the same.

( 4 ) A Petition of Complaint was lodged by the opposite party No. 1 in the Court of the learned Judge, 1st Special Court, Purulia. It was registered as Special Case No. 5 of 2000. In the said Petition of Complaint the opposite



















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