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2011 Supreme(Cal) 1334

KANCHAN CHAKRABORTY
Kanti Prasad Khaitan – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Y. J. Dastoor, Advocate.
For the Respondent:R3, K. V. Vishwanathan, Advocate, Himangshu Dey,
For the C.B.I.

Judgment :-

Kanchan Chakraborty, J

1) In order to try his luck again, this application has been filed by Kanti Prasad Khaitan, praying for quashing of the criminal prosecution under sections 120B/420/468 and 471 of Indian Penal Code pending against him before the learned Judicial Magistrate, 4th Court, Alipore, 24 Parganas(South). On two occasions earlier, his efforts, however, was proved futile. The number allotted to this application indicates unmistakably that it was filed long back in the year 2007.The earlier applications were taken out in the year 1989 and 1998. During this long passage of time, neither the applicant/accused lost his hope of exoneration from the charges without being tried nor the Ld. Court of Magistrate could able to proceed with the trial owing to the orders of stay passed by this court time to time on the prayer of the applicant/accused.

2) It is not necessary to refer to the factual aspects in details. Suffice it to state that the applicant/accused and another indulged themselves in corrupt practice and fraudulent activities and thereby dealt with public exchequer to the tune of Rs. 6,00,000/- in clandestine manner. However, before the C.B.I could place
























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