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2004 Supreme(Cal) 180

S.K.GUPTA
JAYANTA SAHA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
MILAN MUKHARJI, R.N.CHAKRABORTY, SANDIPAN GANGULY, SHYAMAL CHAKRABORTY

S. K. GUPTA, J.

( 1 ) THIS revisional application has ben filed under section 482 of the Code of Criminal Procedure praying for quashing of the investigational proceeding of Baranagar P. S. Case No. 144 dated 23. 09. 2002. After filing of the said revisional application a supplementary affidavit has been filed by the petitioner wherein it has been stated that during the pendency of this proceeding, charge sheet has been illegally submitted against the petitioner and as such, the petitioner has prayed for quashing of the entire proceeding as pending before the learned SDJM, Barrackpur.

( 2 ) IT is the case of the petitioner that the opposite party No. 2 started a partnership business along with the petitioner which is styled as M/s. J. K. Distributors through a Deed of Partnership. Said partnership firm obtained distributorship from Savita Chemicals Ltd. for the purpose of sale and carrying business of lubricating oil under the brand name ?idemitsu?. The clearing and forwarding agent of said M/s. Savita Chemicals Ltd. was M/s. K. K. Enterprises of which Captain H. S. Jassal held an important post. It has been alleged by the opposite party No. 2 that since March/april, 2002 the pet




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