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2011 Supreme(Cal) 326

KANCHAN CHAKRABORTY
Mittal Agro Food Pvt. Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Joymalya Bagchi, Ayan Bhattacharji, Anjan Dutta, Milon Mukherjee, Saibal Mondal, Pushpal Satpati

JUDGMENT

1. THIS petition under section 482 of the Code of Criminal Procedure filed by M/s. Mittal Agro Food Pvt. Ltd. and three others praying for quashing of the M.P. Case No. 119 of 2010 on the ground that the petitioner Nos. 2, 3 and 4 are not connected in any manner with the alleged offences and continuation of the proceeding against them would be amounting to abuse of the process of Court and gross miscarriage of justice.

2. SMT. Joyasree Dutta, Chairman, Punnya Bhumi Cooperative Housing Society Limited, filed a petition of complaint in the Court of learned Additional Chief Judicial Magistrate at Bidhannagar, which was registered as M.P. Case No. 119 of 2010 and prayed for referring the same to the police station concerned to treat the same as First Information Report and start investigation and report. It was alleged therein that M/s. Mittal Agro Food Pvt. Ltd. (hereinafter referred to as "the petitioner No. 1"), filed one dispute case, being Dispute Case No. 65/ KMAH of 2009, before the learned Arbitrator, Office of the Deputy Registrar of Co-operative Societies, Kolkata Metropolitan Area Housing for recovery of Rs.4,80,00,000/- together with interest at the rate of 18% p.a.









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