MONORANJAN MALLICK, J.

( 1 ) IN this writ petition, the petitioner who is an accused in the criminal case No. 1536 of 1984 pending before the Respondent No. 2 prays for a writ in the nature of Mandamus commanding the Respondents forthwith to forbear from proceeding of the above criminal proceeding and a writ in the nature of Prohibition prohibiting and restraining each one of them from proceeding in any manner whatsoever with the Criminal complaint No. 1536 of 1984.

( 2 ) BY a supplementary Affidavit, dated 17th March 1988 the petitioner prays for quashing the complaint case No. 1536 of 1984. It is complained that the Respondent No. 3 filed a false complaint firstly on 27th December 1982 against the petitioner alleging commission of offence under Sections 420/406/403 of the LP. C. Because of the absence of the complainant, the petitioner was discharged on 24th August, 1984. Thereafter on 27th October, 1984 the Respondent No. 3 filed another complaint against the petitioner being complaint case No. 1536 of 1984 on identical allegations. On 27th October, 1984 the Sub-Divisional Judicial Magistrate, Alipore took cognizance of the said complaint and issued summons and thereafter the

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