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2011 Supreme(Cal) 1459

KANCHAN CHAKRABORTY
Kallol Kumar Bysak – Appellant
Versus
Krishan Prakash Bhargava – Respondent


Advocates Appeared:
Sekhar Basu, Tapandeb Nandi, Saryati Dutta, Sujesh Mukherjee, Susanta Pal

JUDGMENT:

Kanchan Chakraborty, J.

1. THIS application under Section 482 of the code of Criminal procedure has been filed by Kallol Kumar Bysak and Jagadish Prasad Choudhury, who are made accused in C/14918 of 2007 pending in the Court of learned Metropolitan Magistrate, 6th Court at Calcutta under Section 406/34 praying for quashing of the proceeding, mainly, on the following grounds :

a) that the aggrieved person did not come forward to lodge the complaint personally but through his representative, the holder of power of attorney which was not placed before the Court in original and admitted into evidence; b) that the said representative i.e., the complainant had no personal knowledge about the official transactions of the person aggrieved and made statement on S/A before the Court without having any knowledge about the alleged offence; c) that the learned Court failed to appreciate that in a judicial proceeding evidence is supposed to be legal and valid evidence and a document placed before the Court is to be admitted into evidence on proof; d) that the prosecution was barred by limitation in view of the fact that request of Mr. Bhargava the person effected dated 7.3.2002 was turne


















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