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1976 Supreme(Cal) 288

P.K.CHANDA, SUDHAMAY BASU
KAMAL KRISHNA DE – Appellant
Versus
STATE – Respondent


JUDGEMENT

Chanda, J.:- This revisional application has been filed for quashing of the proceeding being Case No 312C of 1974 under Ss.147/323/325/307 I.P. Code including the orders dated September 24, 1974, October 17, 1974 and November 22, 1974.

2. A petition of complaint was filed by O.P. No.2 Biswanath Santra in the Court of the Sub-divisional Judicial Magistrate, Ghatal in the district of Midnapore on 23-9-74. It appears that B.K. Mitra, Sub-divisional Judicial Magistrate, Ghatal was absent on that date and R.K. Ghosh a Judicial Magistrate was dealing with his files. Apropos of the filing of the complaint the complainant and two witnesses were examined and on the prayer of the complainant time to examine further witnesses was allowed till 24-9-74. In the petition of complaint it was stated that besides 9 witnesses named therein, there were other witnesses. On 24-9-74 three other witnesses were examined. After examination of three witnesses the learned Magistrate R.K. Ghosh issued warrant of arrest against all the petitioners before us under Ss.147/323/ 325/307 I.P.C. and fixed 17-10-74 for return. On 8-10-74 two petitioners Shib Narayan and Ajit appeared before the Sub-divisional




































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