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2009 Supreme(Cal) 82

ARUNABHA BASU
Kedar Nath Fatehpuria – Appellant
Versus
Captain Kishore Kumar Kejriwal – Respondent


Advocates Appeared:
For the Appearing Parties:Sekhar Basu, Subrata KR. Basu, R.L. Mitra, Sudipto Moitra, Amit Bhattacharjee, Jaymalya Bagchi, Sandipan Ganguly, Ayan Bhattacharji, O.P. Jhunjhunwalla, Advocates.

Judgment :-

(1) The revisional application under Section 397/401 read with Section 482 of the Code of Criminal Procedure is directed to quash proceeding against the petitioners in connection with Complaint Case No. C-3042 of 2008 under Section 406/420/120B of the Indian Penal Code read with Section 13B of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993.

(2) Petitioners herein are impleaded as accused along with others, in connection with the above noted case and the learned Court below by his order dated 8.2.2008 directed issuance of process against all the accused persons calling upon them to face trial for commission of offence as mentioned above. ,

(3) The case of the petitioners in short is that petitioners herein are office bearers of Martin Burn Ltd. (listed as accused No. 12 in the petition of complaint) Opposite Party booked a flat with 2 open car parking space at the housing complex constructed by the company of the petitioners at Rajarhat under Rajarhat, Gopalpur Municipality within the district of North 24 Parganas. The registered agreement between the parties was entered on 4.10.2001. The opposite party paid the enti




































































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