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2010 Supreme(Cal) 719

KALIDAS MUKHERJEE
Sidharth Gupta – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:S. Moitra, S. Sengupta, R. R. Chowdhury, S. Banerjee, D. Chakraborty, Advocates.
For the State:Aloke Roy Chowdhury, Advocate.
For the O.P. Nos. 2 & 3:Manjit Singh, Advocate.

JUDGMENT:-

Kalidas Mukherjee, J:

1. This is an application under Section 397, 401 read with Section 482 of the Code of Criminal Procedure assailing the order dated July 10, 2008 passed by learned Chief Judge, City Sessions Court, Calcutta in Criminal Revision No. 148 of 2007 whereby and whereunder the Revisional Application was allowed setting aside the order dated 16.11.2007 in G.R. 2411 of 2000 passed by learned M.M.8th Court, Calcutta. The learned Judge allowed the petition under Section 239 Cr.P.C. and discharged the accused persons.

2. The case of the petitioner/defacto complainant, in short, is that he was appointed one of the trustees to the estate of Smt. Sibraji Gupta by virtue of a registered deed of trust dated 21.7.1989 executed by Smt. Sibraji Gupta being the erstwhile and the sole owner of the premises No. 4, Sarkar Lane, Kolkata comprised in holding No. 145, Calcutta. By the said deed of trust Sibraji Gupta appointed Sidharth Gupta and Biswabandhu Gupta as Trustees of the said Trust estate. The Trust Deed is irrevocable. The accused Nos. 2 & 3 by practising fraud and suppressing the material facts and making false declaration committed forgery in order to cheat the co























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