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2010 Supreme(Cal) 565

ASHIM KUMAR ROY
Rekha Dey – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Joy Sengupta, Ms. Sreyashee Biswas, Advocates.
For the State:Swapan Kumar Mullick, Advocate.

JUDGMENT:

1. Invoking Section 482 of the Code of Criminal Procedure, the petitioners have moved for quashing of a charge-sheet under Sections 406/409/420/34 of the Indian Penal Code relating to Haringhata Police Station Case No. 20 of 2005.

2. Mr. Joy Sengupta, the Learned Counsel appearing with Ms. Sreyashee Biswas raised the following points in support of the prayer for quashing;

(a) On the face of the allegations made in the First Information Report, no offence can said to have been made out.

(b) No property being claimed to have been entrusted to the petitioners there cannot be any question of criminal breach of trust by them.

(c) The petitioners not being the public servant, no offence punishable under Section 409 of the Indian Penal Code can said to have been committed by them.

In support of his submissions Mr. Sengupta relied on a decision of this Hon’ble High Court in the case of Thakurchak Shilpa Vidyalaya Vs. State of West Bengal & Ors., reported in 2005 (1) CHN 474.

On the other hand, Mr. Swapan Kumar Mullick, the Learned Counsel appearing on behalf of the State vehemently opposed the prayer for quashing and submitted that sufficient evidentiary materials have been col











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