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1986 Supreme(Cal) 162

SHAMSUDDIN AHMED
RAMAPRASAD CHATTERJEE – Appellant
Versus
MD. JAKIR KURESHI – Respondent


Advocates Appeared:
C.R.Das, CHANDAN GHOSH, SUSANTA BANERJI

SHAMSUDDIN AHMED, J.


( 1 ) C. R. No. 1388 of 1985 is directed against an 'order passed by the learned Sessions Judge, Midnapore on 24-8-1985 in Criminal Motion No. 120 of 1985 setting aside the order passed by the learned C. J. M. , Midnapore on 2nd May, 1985 giving the custody of Bus No. WGB 2929 to the petitioner in C. R. No. 119 of 1985. The other Revisional Application is directed for quashing the said proceeding pending before the learned C. J. M. , Midnapore wherein he has taken cognizance of an offence punishable under Ss. 406 and 420, I. P. C. and has directed to issue summons against the alleged accused therein. Accused persons are petitioners in this Revisional Application.

( 2 ) BRIEF fact leading to this applications are as follows : on 24th April, 1985 Ramaprasad Chatterjee filed a complaint alleging that he is the registered owner of the Bus in dispute and he intended to sell the same. At the intervention of accused No. 3 Wahid Kureshi the accused Zakir Kureshi and Sahid Kureshi agreed to purchase the same at a price of Rs. 78,000/- to which the complainant agreed. Accordingly an agreement was executed by the parties on 18-12-1984. The said agreement stipulated that

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