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2005 Supreme(Cal) 417

P.N.SINHA
SHIVA NATH PRASAD – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ASHIM ROY, BHASKAR SEN, H.P.ROYCHOWDHURY, Himanshu Desai, JOYMALYA BAGCHI, KAUSHIK CHATTERJI, Mahesh Jethmalani, P.K.Roy Debasish Roy, Pradip Kumar Ghosh, PRANAV P.BADHAKAR, RAM JETHMALANI, S.K.KAPOOR, SANJAY PATHAK, SHANTI BHUSHAN, SUMAN DE, SUPRATIM DHAR, Vivek Junjunwala, Y.J.DASTUR

P. N. Sinha, J.

( 1 ) THIS revisional application under section 482 of the Code of Criminal procedure (in short Code), 1973 preferred by the petitioner is aimed at quashing the criminal proceeding being Complaint Case No. C-4693 of 2004 pending before the learned Chief Judicial Magistrate (in short CJM), Alipore under sections 406/417/420/120b of the Indian Penal Code (in short IPC) filed by opposite Party (O. P.) No. 2 as complainant and all orders passed in the said case including the orders dated 5th October, 2004 and 29th October, 2004.

( 2 ) THE petitioner has the support of Mr. R. S. Lodha who is O. P. No. 3 and other O. Ps. and team of legal experts for the petitioner has been led by Mr. Shanti Bhusan, a renowned Jurist of India. On the other hand, the de facto complainant O. P. No. 2 is backed by the Birlas and for them Mr. Ram Jethmalani led the team, another famous Jurist of India. Before I proceed into the merits of the revisional application I think it expedient for the ends of justice and for appraisal of factual matrix and legal principles to mention, in short, the story depicted in the complaint by the complainant. The complaint is a very lengthy one and consists of

































































































































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