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2012 Supreme(Cal) 972

KANCHAN CHAKRABORTY
Somnath Guin – Appellant
Versus
Monaj Kumar Senapati – Respondent


Advocates Appeared:
For the Appearing Parties:Sekhar Kumar Basu, Sourav Chatterjee, Kushal Mukherjee, Rajdeep Majumder, Himanshu De, Mrityunjoy Chatterjee, Advocates.

Judgment :-

Kanchan Chakraborty, J.

1. Praying for quashing of the criminal proceeding being -CBI/ BS&FC/Kolkata Case No--RCBSK 2011E0001 , these two applications have been filed by (a) Somenath Guin and (b) Vijoy Kumar Kanoria under section 482 of the Criminal Procedure Code. Since both the applications have arisen out of same proceedings and points taken are similar, both the applications are disposed of by the common order below.

2. The proceedings was initiated by Manoj Kr. Senapati, the Chief Manager, Punjab National Bank, Midnapore Branch against the petitioner Somenath Guin (petitioner in CRR-3677/11) and other four persons. In course of the investigation of the case, Vijoy Kr. Kanoria (petitioner in CRR-3699/11) was added to as another accused. The offences allegedly have been committed by them are under sections-420, 471 & 120B 0f I.P.C. read with Section 13(2) & 13(1) (d) of the Prevention of Corruption Act , 1988.

3. Contention of Mr. Basu, Ld. senior Counsel for the petitioners, mainly, was twofold:---firstly, no case under sections 120B , 420 & 471 of the I.P.C. read with section 13(2) & 13 (1 ) (d) of the P.C. Act is made out against the petitioners even if the uncontr





















































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