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1996 Supreme(Cal) 124

ASISH BARAN MUKHERJEE
ANWARUL ISLAM – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AINUL HAQUE, AJAY NATH MUKHERJI, Gautam Sarkar, Minoti Gomes

ASISH BARAN MUKHERJEE, J.


( 1 ) THE revisional application has been filed to quash the proceeding being Karaya P. S. Case No. 218 dated 20-9-95 (O. G. R. 3128/95) pending before the Ld. Chief Judicial Magistrate, Alipore and arisen out of a petition of complaint being C1297 of 1995 which was sent to the P. S. concerned under Section 156 (3) Cr. P. C.

( 2 ) THE case of the accused petitioner is that the complainant being O. P. No. 2 is the senior partner of M/s. Islam and Associates, Calcutta, the other partners being accused Nos. 1 and 2 by virtue of a partnership deed dated 1-4-88. It has been alleged that the said firm received a contract from M/s. Larsen and Toubro Ltd. for work of a chimney at Tenughat Thermal Power Station, Giridi. Pursuant to the discussion dated 16-1-93, the partners of the said firm placed a number of orders for supply of various materials on different manufacturers and engaged M/s. United Engineering Works of Begusarai at Bihar as sub-contractor to look after the labour part of the job. One Syed. Julfikar Ali of Calcutta Office was sent to Tenughat for keeing accounts of payments and expenses at the site. It has been alleged that the accused have misappro














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