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1998 Supreme(Cal) 119

DIBYENDU BHUSAN DUTTA
AJOY KR. GHOSH – Appellant
Versus
KAJAL GHOSH – Respondent


Advocates Appeared:
SEKHAR BASU

DIBVENDU BHUSAN DUTTA, J.

( 1 ) THE instant application under Section 401 read with Section 482 of Cr. P. C. has been filed by the accused persons of CR 268 of 1996 for quashing of the said proceeding which is pending in the Court of SDJM, Sreerampore.

( 2 ) THE said proceeding was started on the basis of a complaint lodged by the respondent opposite party No. 1 against her husband (petitioner No. 1), the brother of her husband (petitioner No. 2) and her father-in-law (petitioner No. 3) alleging commission of criminal breach of trust by the petitioners in respect of her movable properties. The opposite party No. 1 lodged the complaint on 19. 6. 1996 and also filed a petition under Section 94 of the Cr. P. C. praying for issuance of a search warrant for recovery of the articles in respect of which criminal breach of trust is alleged to have been committed. The learned Magistrate by his order dated 19. 6. 1996 took cognizance upon that complaint, issued process against the petitioners under Sections 403/406, IPC and allowed the prayer for search warrant. While issuing search warrant, the learned Magistrate had also directed the articles, which might be seized in execution of the se























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