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2010 Supreme(Cal) 363

ASHIM KUMAR ROY
Mahua Patra @ Mithu – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Deep Chain Kabir, Lakshmi Nath Bhattacharjee

JUDGMENT:

1. PURSUANT to an order passed under Section 156 (3) of the Code by the Learned Sub-Divisional Judicial Magistrate, Uluberia, on a complaint made to the Court by the opposite party no. 2 herein, a First Information Report relating to offences punishable under Sections 302/451/452/380/120B/34 of the Indian Penal Code was registered at Uluberia Police Station against the present petitioner and 16 others.

2. AFTER completion of investigation, when police filed final report praying for discharge of the accused from the case, the opposite party no. 2 herein filed a Naraji petition, whereupon the Learned Sub-Divisional Judicial Magistrate refused to accept the final report and directed re-investigation of the case. AFTER re-investigation, police again submitted final report, but the Learned Magistrate instead of accepting such final report took cognizance on Naraji petition filed by the defacto-complainant. Thereafter, the case was transferred for trial to the Court of the Learned Judicial Magistrate, 1st Court, Uluberia. By an order dated April 3, 2007, the Learned Magistrate dismissed the complaint on default. Subsequently, on January 30, 2010, the opposite party no. 2 filed a




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