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2002 Supreme(Cal) 489

JYOTESH BANERJEE
D. J. SEN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
P.K.GHOSH, S.AGRAWAL, S.K.KASHIM ALI AHMED, T.NANDI

J. BANERJEE, J.

( 1 ) THE petitioner has filed the present application under section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the prosecution under section 380 of the Indian Penal Code being complain case No. 319/93 pending in the Court of learned Chief Judicial Magistrate, 24-Parganas (S), Alipore.

( 2 ) ON 29. 3. 93, the O. P. No. 2 as the complainant filed the aforesaid case before the Chief Judicial Magistrate, Alipore under section 380 of the IPC, making 13 persons including the petitioners as the accused. The learned CJM took cognisance and after examining the complainant and his witness he issued process under section 380 IPC against the petitioners who are shown as accused Nos. 11, 12 and 13 in the petition of complaint.

( 3 ) IN the aforesaid petition of complaint Sri S. Agarwala one of the Directors of a company, namely, M/s. Bengal Molecular Industries (P) Ltd. has alleged that the company has its factory at 233/a, Rai Bahadur Road, Calcutta-700 053. Prior to 15. 10. 1982, the electric supply at premises No. 233/a, Rai Bahadur Road, was in the name of M/s. Mahajati Shilpa Sangha and on or about 15. 10. 82 the said M/s. Mahajati Shilpa Sangha

















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