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2006 Supreme(Cal) 286

ARUN KUMAR BHATTACHARYA
Rouf Ali Molla – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Himangshu Decided on :, Sandip Kundu, Angshuman Bera
for the petitioners; Ranjit Kumar Ghosal for the State.

Judgment :-

Arun Kumar Bhattacharya, J.

The hearing stems from twin applications under section 482 Cr.PC being registered as CRR No. 305 of 2003 and CRR No.677 of 2003 filed by the petitioners praying for quashing the proceeding as well as charge-sheet dated 31.03.2002 under sections 406/420/506 (II)/120B/34 IPC filed in G.R. Case No. 342/2001 arising out of Arambagh P.S. Case No. 136/01 dated 09.10.2001, pending in the Court of learned SDJM, Arambagh.

2. The circumstances leading to the above application are that the de facto complainant Matiar Rahaman lodged a complaint under sections 406/420/504/506 (II)/120B/34 IPC, being forwarded under section 156(3) Cr. PC to Arambagh P.S., inter alia alleging that the accused persons, fifteen in number, purchased rice, worth of large amount, from him on credit for the purpose of their business at different times on assuring that they would repay the price. Despite repeated requests when they did not pay the price the matter was reported to the Rice Dealer Association of Arambagh which in turn referred the matter to Rice Dealer Association of Tegharia. In the meeting called by the Rice Dealer Association of Tegharia, the accused persons plead














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